Final Order 1

Order Details: Copy of Bail Order
Pdf Text: ORDER BELOW BAIL APPLICATION NOS. 1137/BA/2023 IN
CONNECTION WITH CR. NO. 303/2023 OF TILAK NAGAR POLICE
STATION
1) Accused No. 1 & 2 have 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 APP & I. O.
3) Heard Ld. Adv. of the accused No. 1 & 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. Ld.
A.P.P. has objected this application on the grounds that there is
likelihood of commission of the similar offences by the accused No. 1
& 2 and they are threatening to the witnesses. This ground is not
sufficient to reject this application and by imposing certain
conditions it can be secured.
5) As per the prosecution story, the accused persons
committed theft of Motorcycle. During investigation, the property is
recovered at the instance of the accused persons. Therefore, custodial
interrogation of Accused 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) Ahmed Raza Shoukatali Gehlot and 2)
Jehnoon Mohd. Saeed Abiddin Goti be released on bail for
executing P.R. Bond of Rs. 15,000/- each of the accused and
surety for the like amount to accused subject to condition
that,
a) Accused No. 1 & 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.
b) Accused No. 1 & 2 before being released on bail shall
submit a list of at least 3 blood relatives with their
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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
& 2 shall also produce documentary proof of showing
the correctness of the details produced by them.
c) It shall be mandatory for Accused No. 1 & 2 and every
surety as a condition for grant of bail that, the Accused
No. 1 & 2 and sureties must necessarily inform the
police authorities as well as this Court the change of
their residential address while Accused No. 1 & 2 is on
bail. The change of residential address should be
immediately intimated either by Accused or by the
sureties as the case may be or by both.
d) It is hereby directed to Accused No. 1 & 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 documents as per condition (b)
and (d) 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 No. 1 & 2 shall attend the police station as
and when called by the Investigating Officer.
Date :- 13/09/2023
Place:-Vikhroli.
Sd/-.
(A. A. Bhatewara)
Metropolitan Magistrate,
34th Court, Vikhroli, Mumbai.
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