Final Order 1

Order Details: Copy of Bail Order
Pdf Text: ORDER BELOW BAIL APPLICATION NO. 268/BA/2023 IN
CONNECTION WITH CRIME REGISTERED NO. 899/2023 OF THE
POLICE STATION, TILAK NAGAR
1) Accused No. 1 and 2 have moved this application for
praying to release themselves on bail under section 437 of the
Cr.P.C.
2) Read the application and say filed below it by A.P.P.
3) Heard the Ld. Advocate of Accused No. 1 and 2 and Ld.
A.P.P.
4) The police leveled charges against the accused persons of
the offence punishable under Section 379 r/w. 34 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 Accused No. 1 and 2 and they are threatening to the
witnesses. This ground is not sufficient to reject this application.
5) As per the prosecution story, the accused persons
committed theft of motorcycle. During investigation the police seized
at the instance of the accused persons. Therefore, custodial
interrogation of Accused No. 1 and 2 is not necessary. Considering
these facts 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 No. 1 and 2 be released on bail by executing a
personal bond of Rs. 15,000/ and with one solvent surety for
the like amount to each accused subject to condition that,
a) Accused No. 1 and 2 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.
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b) Accused No. 1 and 2 before being released on bail shall
submit a list of at least 3 blood relatives with their detail
residential addresses and also their bank account number/
gas connection details and the addresses of their place of
work, if any. Accused No. 1 and 2 shall also produce
documentary proof of showing the correctness of the details
produced by him.
c) It shall be mandatory for Accused No. 1 and 2 and every
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 Accused No. 1 and 2 is on bail. The change of
residential address should be immediately intimated either
by Accused No. 1 and 2 or by the sureties as the case may be
or by both.
d) It is hereby directed to Accused No. 1 and 2 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.
Date : 22/02/2023
Place:Vikhroli.
Sd/
(Sharad S. Pardeshi)
Metropolitan Magistrate,
34th Court, Vikhroli, Mumbai.
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