Final Order 1

Order Details: Copy of Bail Order
Pdf Text: ORDER BELOW BAIL APPLICATION IN C. C. NO. 172/BA/2023 IN
CONNECTION WITH CR. NO. 80/2023 OF TILAK NAGAR POLICE
STATION
1) Accused has moved this application for praying to release
himself on bail under section 437 of the Cr.P.C.
2) Read the application and say filed below it by A.P.P &
I.O.
3) The police leveled charges against the accused of the
offence punishable under Section 326 of the I.P.C. The investigating
officer and the Ld. A.P.P. had objected this application on the
grounds that there is likelihood of commission of the similar offences
by the accused & he is threatening to the witnesses. This ground is
not sufficient to reject this application.
4) As per the prosecution story, the accused assaulted the
informant with Spade (QkoMk) and sustained injury on his right hand.
Investigating officer has not produced injury certificate for showing
grievous nature of the alleged injury on the record. In absence of the
same, it cannot be said that the informant sustained grievous hurt.
Considering nature and punishment of the offence, this application is
deserves to be allowed. In the result I proceed to pass following
order.
: O R D E R :
1) This application is hereby allowed.
2) Accused be released on bail by executing a personal
bond of Rs. 15,000/ and with one or more solvent
surety for the like amount subject to condition that,
a) Accused shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts with case so as to
dissuade them from disclosing such facts to the
Court or to any other police officer to tamper with
evidence.
b) Accused before being released on bail shall submit
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a list of at least 3 blood relatives with their detail
residential addresses and also his bank account
number/ gas connection details and the addresses
of their place of work, if any. Accused shall also
produce documentary proof of showing the
correctness of the details produced by him.
c) It shall be mandatory for Accused and his surety as
a condition for grant of bail that, the accused and
sureties must necessarily inform the police
authorities as well as this Court the change of their
residential address while the accused is on bail. The
change of residential address should be
immediately intimated either by the accused or by
the sureties as the case may be or by both.
d) It is hereby directed to Accused to submit copies of
atleast two documents amongst following
i) Passport,
ii) Pan Card Copy,
iii) Bank Passbook,
iv) Credit Card with photographs,
v) Ration Card,
vi) Electricity Bill,
vii) Land Line Telephone Bill,
viii) Voter ID Card issued by the Election
Commission of India,
ix) Property Tax Register.
After submission of these two documents the
concerned police station conduct physical
verification of the residential address so as to
confirm the address appearing on these documents
and place before the court a certificate to that effect
under the signature of the S.H.O.
e) Accused shall attend the police station as and when
called by the investigation officer.
Date : 01/02/2023
Place:Vikhroli.
Sd/
(Sharad S. Pardeshi)
Metropolitan Magistrate,
34th Court, Vikhroli, Mumbai.
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