Final Order 1

Order Details: Copy of Bail Order
Pdf Text: ORDER BELOW BAIL APPLICATION NO. 1047/BA/2023 IN CONNECTION WITH
CRIME REGISTERED NO. 342/2024 OF THE POLICE STATION, TILAK NAGAR
1. Accused Sanjaysingh Yadav 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.
3. Heard the Ld. Adv. of the accused persons & Ld. A.P.P.
4. The police leveled charges against the accused of the offence
punishable under Section 318 (4) of B.N.S. Act. The I. O. and Ld.
A.P.P. has objected this application on the grounds that the accused
has committed the serious offence and there is prima faice evidence
against the accused. If the accused is released on bail then there is
high possibility of abscond and commit the similar type of crime.
Further the accused will misuse his liberty to tamper and hamper
the prosecution evidence. The release of the accused is dangerous
for the society, as the accused has committed the crime against the
society. These grounds are not sufficient to reject this application
and by imposing certain conditions it can be secured.
5. Considering the allegations levelled against the accused he cheated
the informant to the tune of Rs. 3,500/- and one I-phone mobile
which is already recovered by the IO from the accused. Nothing
remains to be recovered at the instance of the accused. The
custodial interrogation of the accused is not required and the
apprehension of the prosecution and the IO that the accused is not
permanent resident of Mumbai and he will abscond his native place
at Uttar Pradesh can be taken care of by imposing appropriate and
stringent condition. Considering these facts and punishment of the
offence, this application 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 Mohd. Mustak Yusuf Bora be released on bail for executing
P.R. Bond of Rs. 15,000/- with one surety of the like amount and also
to furnish cash surety of Rs. 5,000/- the like amount to accused
subject to condition that,
-- 1 of 2 --
--- 2 ---
a) Accused 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 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 shall
also produce documentary proof of showing the correctness of
the details produced by him.
c) It shall be mandatory for Accused 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 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 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.
e) Accused shall attend the Police station as and when called by
the Investigating Officer for interrogation.
f) The accused will not leave the jurisdiction of Mumbai District
without prior permission of the court.
Date :- 14/08/2024
Place:-Vikhroli.
Sd/-.
(Ajay A. Bhatewara)
Judicial Magistrate (First Class)
34th Court, Vikhroli, Mumbai.
-- 2 of 2 --