Final Order 1

Order Details: Bail Order
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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
12TH COURT, BANDRA, MUMBAI
Bail Application No.19/BA/2026 CNR No.MHMM18-000047-2026
C.R. No.2064/2025, BANDRA POLICE STATION
Order Below Bail Application
Perused bail application and say filed by Ld. A.P.P., I.O. and
Informant. Heard Ld. A.P.P. and Ld. Advocate for the accused. Perused
written notes of argument.
Accused No.2 Manish Lalji Kaushal and No.3 Rajan Lalji Kaushal
are charged for the offence punishable U/Secs.305-A, 317(2) of the
BNS. Prosecution alleged that, accused have stolen the 1006.475 gram
gold worth Rs.49,71,655/- of the informant. 800 gram gold is
recovered. Rest gold is yet to be recovered. It appears from station
diary of Parasrampur Police Station, Dist. Basti of Uttar Pradesh that
both accused were arrested on 21.12.2025 at about 21.30 hrs. Said
station diary was updated on 21.12.2025 at about 22.20 hrs. The order
dated 22.12.2025 of Chief Judicial Magistrate, Basti shows that the
accused were produced before said court seeking transit remand and by
said order the transit remand was granted till 26.12.2025 at about
05.00 p.m. to produce the accused before this court. The accused were
produced before the incharge court of this court on 24.12.2025 at about
03.11 p.m.
Ld. advocate for accused has submitted that the accused were
detained in custody of police at about 03.00 to 04.00 p.m. on
21.12.2025. However, in bail application the accused have specifically
mentioned that they were arrested on 21.12.2025 at about 09.30 p.m.
and 22.20 hrs. There is no record to show that the accused were
detained in custody of police at about 03.00 to 04.00 p.m. on
21.12.2025. Ld. Chief Judicial Magistrate, Basti, has not at all
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mentioned in the order dated 22.12.2025 that the accused were
produced before him beyond 24 hours of the arrest. Therefore, the
allegation that the accused were illegally detained and not produced
within 24 hours is not sustainable.
Case diary shows that the I.O. has recorded his reasons while
making arrest of accused. I.O. has submitted the reasons of arrest so
also the check list vide Section 35(1)(b)(ii) of the BNSS. IO has
communicated the particulars of the offence and grounds of arrest to
accused vide Section 47(1) of BNSS. The I.O. has given information
regarding arrest of accused to their brother vide Section 48(1) of BNSS.
I.O. has submitted the grounds of arrest. The case diary shows that an
entry of the fact that the brother of accused was informed about the
arrest of accused is made by the I.O. in a book kept in police station.
The reasons and grounds of arrest are satisfactory. This court satisfied
that the requirement of Sub-Section 2 and 3 of Section 48 of BNSS have
been complied. Hence, I found the arrest is justifiable. The remand
court on first remand dated 24.12.2025 has justified the arrest of
accused.
Investigation is not over. It is in progress. Therefore, the accused
are not entitle to enlarge on bail. Accordingly, I proceed to pass the
following order -
ORDER
1. Application is rejected.
2. Intimation of this order be send to accused immediately
through the Superintendent of Jail.
(Girish S. Mane)
Mumbai Judicial Magistrate First Class,
Date : 02.02.2026 12th Court, Bandra, Mumbai
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