Final Order 1

Order Details: Bail Order
Pdf Text: B. A. No.740 of 2025
CNR No.MHMM18-003126-2025
ORDER ON BAIL APPLICATION
IN C. R. NO.185/2025 (DHARAVI P.S.)
1. Perused record. Heard both the sides.
2. This is an application under Section 480 of Bhartiya Nagarik Suraksha
Sanhita (B.N.S.S.), for bail. It is contended that investigation relating to
accused is over. He is innocent and of young age, he is ready to remain abide
by the conditions. There is board examination of the applicant going on. The
allegations are not much serious. Accused is permanent resident of Mumbai.
Investigation relating to him is over, etc. The Investigating Officer and Ld.
A.P.P. objected to the application mainly on the ground that offence is triable
by Court of Session. There is possibility of tampering and investigation is in
progress. Therefore, application shall be rejected.
3. It is alleged that accused persons assaulted the public servant and
obstructed his work. The record shows that investigation relating to accused is
over. The accused is of young age and ready to remain abide by the
conditions. The record also shows that he is appearing for S.S.C. Board
Examination and tomorrow, Science and Technology is scheduled. He is
permanent resident of Mumbai. Allegations are comparatively less serious
against the applicant.
4. So far as, the nature of offence i.e. offence triable by Court of Sessions
is concerned, the Bhartiya Nagarik Suraksha Sanhita, draws distinction
between nature of offences only for the purpose of trial and not for other
inquiries contemplated under Chapter 35 of B.N.S.S., i.e. provisions relating
to bail. It does not make any such distinction and as such does not restricts
jurisdiction of this Court to grant bail in case of offences triable by Court of
Sessions. There are certain restrictions are laid down to consider bail plea in
respect of offences punishable either with imprisonment for life or death
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penalty. However, the present offence though triable by Court of Sessions
punishable only upto 3 years of imprisonment. As there are no restrictions
under Section 480 for considering prayer of bail in this matter. Therefore,
application can be entertained and decided.
5. Law is well settled, bail is a right and jail is an exception. If the nature
of the offence is not much serious, possibility of tampering is nil and presence
of accused can be secured during trial, bail can be granted. The main
witnesses are interested persons, investigation is almost over so far as accused
is concerned. The witnesses are public servant. Thus, possibility of tampering
is almost nil. The accused is permanent resident of place situated within the
jurisdiction of this Court and having family there. There appears no
possibility of fleeing from trial. All these aspects, and the fact that
applicant/accused is appearing for Board Exams, if collectively considered it
is clear that bail needs to be granted. Merely because offence is triable by
Court of Sessions it cannot be refused. The apprehension raised by
Investigating Officer and Ld. A.P.P. can be addressed by imposing certain
conditions. Therefore, following order -
ORDER
a. Application is allowed.
b. Accused Mr. Avinash Basawraj Aasnale, is released on bail on his
furnishing P.B. and S.B. of Rs.15,000/- and condition that he shall appear
before concerned police station whenever called by Investigating Officer
before filing of charge sheet.
c. Cash security in substitution of S.B., is allowed.
MUMBAI (KOMALSING RAJPUT)
DATE – 11.03.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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