Final Order 1

Order Details: Bail Order
Pdf Text: BA NO.912/BA/2025
CR NO.74/2025
U/s.305, 331(3) and 331(4) of BNS
NIRMAL NAGAR PS
ORDER BELOW BAIL APPLICATION OF ACCUSED
GULAM MOHD. MUSHRAF HUSSAIN MARTUZA @ RONNY
1. Accused is arrested in above crime on 11.03.2025 and
thereafter initial PCR he is taken into MCR. On 27.03.2025, he has made
present application for bail. Accused sought bail on the ground that, he is
innocent and falsely implicated in the said crime. He is permanent resident
of Thane and he is not likely to abscond. He is ready to abide by any
conditions, if imposed by the court.
2. Say of informant, I.O. and APP was called. They have filed their
say and resisted the application. Hence they prayed for rejection.
3. Perused and read application with say of informant, I.O. and Ld.
APP. Heard Ld. Advocate for said accused and Ld. APP.
4. Informant, I.O. and Ld. APP opposed the application on the
ground that, prima-facie accused involved in this crime. If accused is released
on bail, he may abscond or he may repeat the similar crime.
5. Though the I.O. has objected the bail application stating that the
accused is in habit of committing thefts for consuming xnZ, he had not given
any pending C.R. against the accused. The F.I.R. in the matter is against an
unknown person. In this situation keeping this accused behind bars on the
basis of the preliminary investigation is not proper. Having considered the
facts of the case, nature of allegations and the seriousness of the offence,
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custodial interrogation is not required. Stolen property is not recovered.
There is no reason to keep accused behind the bars. Liberty of a person is the
constitutional right. Bail is a rule and jail is an exception. Therefore, it is just
and proper to release said accused on bail. Hence, following order :-
ORDER
i) The application is allowed.
ii) Accused be released on bail on his executing PB & SB of
Rs.15,000/- or PB and cash bail of Rs.15,000/-.
iii) The accused shall attend the concerned police station
on every Wednesday till filing of the final report.
iv) Accused shall not contact the informant or any other
prosecution witnesses in any manner.
Date : 29.03.2025
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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