Final Order 1

Order Details: Copy of Bail Order
Pdf Text: COMMON ORDER BELOW BAIL APPLICATION NO. 1644/BA/2023 AND
1655/BA/2023 IN CONNECTION WITH CR. NO. 845/2023 OF TILAK
NAGAR POLICE STATION
1) Accused No. 1) Iqbal Chaudhary @ Bhatta and 2) Vishwanath
Sudarshan Gayatri moved these 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 APP & I. O.
3) Heard Ld. Adv. of the 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 384, 385, 386, 394 r/w 34 of the I.P.C.
and section 37(1)(a) r/w 135 of Maharashtra Police Act. Ld. A.P.P. has
objected this application on the grounds that the alleged
weapon/muddemal was recovered at the instance of accused. If the
accused released on bail there is every possibility that they will threat
prosecution witnesses or tamper the prosecution evidence as the
informant, witnesses are resident of same area. If the accused released on
bail they will seriously affect the proper investigation as the investigation
of the said offence is in progress. The accused will be seriously affect the
interest of society. There is every possibility of misuse of liberty or abscond
or will commit similar offence. These grounds are 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 Rs. 1700/-. 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) Iqbal Chaudhary @ Bhatta and 2) Vishwanath
Sudarshan Gayatri 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 persons subject to condition that,
a) Accused No.1 and 2 shall not directly or indirectly make
any inducement, threat or promise to any person
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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 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 them.
c) It shall be mandatory for Accused No. 1 and 2 and every
surety as a condition for grant of bail that, the Accused No.
2 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 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 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 and 2 shall attend the police station as and
when called by the Investigating Officer.
Date :- 19/12/2023
Place:-Vikhroli.
Sd/-
(A. A. Bhatewara)
Metropolitan Magistrate,
34th Court, Vikhroli, Mumbai.
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