Final Order 1

Order Details: Copy of Bail Order
Pdf Text: ORDER BELOW BAIL APPLICATION IN 807 /BA/2021
1. The application is for bail.
2. The contention of the applicant/accused is that he has been
falsely implicated in this case, he is permanent resident of Mumbai,
there is no likely hood of his absconding.
3. Say of I.O. and APP was called. Investigating officer vide his say
dt.27.8.2021 has opposed the release on bail on the ground that
accused who is habitual offender if released might commit serious
offence, threaten witness, not attend trial.
4. APP vide his say dt. 28.08.2021 has opposed application on
various grounds inclusive of but not restricted to prima facie case made
out, part recovery being done and part being pending and accused
likely to abscond on release.
5. Heard Defence counsel in brief. He stated that the crime pertains
to the incident of 2017, it is false case and accused needs to be granted
bail.
6. For the sake of bail it is the nature of offence, severity of
punishment which will entail on conviction which needs to be cogitated
upon. Investigation is pending. Nevertheless no physical custody of
accused was sought by police even at inception. As such it is evident that
he need not be detained for the same. Trial will take time to commence.
Apprehension of prosecution can be addressed by imposing condition.
Hence I ordain as follows.
ORDER
1] Accused is enlarged on P.R. and S.B. bond of Rs.15,000/ on
condition :
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i) To submit I.D. and address proof with mobile number.
ii) Not to involve in similar offence.
iii) Not to tamper with prosecution evidence or threaten, pressurize
witnesses.
iv) Attend police station every Monday between 11.00 a.m. to
2.00 p.m. till the filing of chargesheet.
Sd/
Date: 31/08/2021 (S.R.Sharma)
Addl. Chief Metropolitan Magistrate
31st Court, Vikhroli, Mumbai.
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