Final Order 1

Order Details: Bail Order
Pdf Text: CNR - MHMM18-005387-2026
BA No. 1220/BA/2026
State (Nirmal Nagar PS)
Vs.
Bharat Shivkumar Bhilwara +1
(A)
CASE DETAILS
1 FIR No. 445/2024
2 Date of FIR 20.07.2024
3 Police Station, District and State Nirmal Nagar Police Station,
Mumbai, Maharashtra
4 Sections invoked Under Section 118(1), 115(2),
3(5), 352, 324(2) of BNS
5 Maximum punishment prescribed Upto 3 years of imprisonment and
Fine
(B)
CUSTODY AND PROCEDURAL COMPLIANCE
6 Date of Arrest NA
7 Total Period of custody undergone
(C)
STATUS OF TRIAL
1 State of Proceedings
(Investigation/charge-sheet/cognizan
ce/Framing of Charge/Trial)
Charge-sheet
2 Total number of witnesses cited in the
charge-sheet
6
3 Number of prosecution witnesses
examined
--
(D)
CRIMINAL ANTECEDENTS
1 FIR No. & Police Station -
Sections -
Status -
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(E)
PREVIOUS BAIL APPLICATION
1 Court NA
2 Case No. NA
3 Outcome of case NA
(F)
COERCTIVE PROCESSES
1 Whether any non bailable warrants
was issued
NO
2 Whether declared a proclaimed
offender
NO
C.C. No. 2948/PW/2024
BA NO. 1220/BA/2026
U/s. 118(1), 115(2), 3(5), 352, 324(2) of BNS
Nirmal Nagar PS
ORDER BELOW BAIL APPLICATION OF ACCUSED
NO.1 BHARAT SHIVKUMAR BHILWARA
2. ISHAN SURESH KHICHI
1. The accused Nos. 1 & 2 are appeared before the court in response
to summons. They have made present applications for bail. The accused sought
bail on the ground that, charge-sheet is filed. They are innocent and falsely
implicated in the said crime. No recovery has been made at the instance these
accused. Investigation is completed. They are permanent residents of Mumbai
and they are ready to abide by any conditions, if imposed by the court.
2. Say of informant, I.O. and Ld. APP was called.
3. Read application with say of I.O., Ld. APP and informant. Heard
Ld. Advocate for said accused and Ld. APP.
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4. I.O. and Ld. APP resisted the application on the ground that,
charge-sheet is filed. If accused is released on bail, they may abscond or will
not be available for trial. They prayed for rejection.
5. The informant failed to file his say. The Nirmal Nagar police has
filed a report on record stating that the informant is went to his native place
and he will return after 4 to 5 days in Mumbai.
6. In this matter, charge-sheet is filed. Prima-facie investigation is
completed. As per the principles recorded by the Hon’ble Supreme Court in
Satyendrakumar Antil Vs. CBI (2022) 10 SCC 51; the accused shall not be kept
behind bars if they are not arrested after filing of charge-sheet. 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) Both the accused be released on bail on their executing
PB & SB Rs.15,000/- each or PB of Rs.15000/- each and
Cash bail of Rs.10,000/- each.
iii) Both the accused shall not contact the informant or any
other prosecution witnesses in any manner.
vi) Both the accused shall not leave India, without prior
permission from the court.
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v) If any condition in the bail application is breached, then
it shall lead to automatic cancellation of bail.
Date : 02.06.2026
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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