Final Order 1

Order Details: Copy of Bail Order
Pdf Text: ORDER BELOW BAIL APPLICATION NO. 717/BA/2023 IN
CONNECTION WITH CR. NO. 204/2023 OF TILAK NAGAR
POLICE STATION
1) Accused No. 3 Amit Gupta 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) Heard the Ld. Advocate of the accused and Ld. A.P.P.
4) The police leveled charges against the accused of the
offence punishable under Section 392, 457 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. 3 and he is 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 cash amount of Rs. 90,000/, golden and
diamond ornaments and mobile handset. During investigation the
police seized the same at the instance of the accused persons.
Therefore, custodial interrogation of Accused No. 3 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. 3 be released on bail by executing a personal bond
of Rs. 15,000/ and with one solvent surety for the like amount
to accused subject to condition that,
a) Accused No. 3 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 No. 3 before being released on bail shall submit a
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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. 3 shall also produce documentary proof
of showing the correctness of the details produced by him.
c) It shall be mandatory for Accused No. 3 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. 3 is on bail. The change of residential address should be
immediately intimated either by Accused No. 3 or by the
sureties as the case may be or by both.
d) It is hereby directed to Accused No. 3 to submit copies of at
least 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 : 20/06/2023
Place:Vikhroli.
Sd/
(A. A. Bhatewara)
Metropolitan Magistrate,
34th Court, Vikhroli, Mumbai.
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