Final Order 1

Order Details: Order Below EX 1
Pdf Text: BA NO. 2378/BA/2025
CR NO. 739/2024
U/s. 318(4) of BNS
Kherwadi PS
COMMON ORDER BELOW BAIL APPLICATIONS OF ACCUSED
VIJAY @ RAMESH MISHRA
1. The accused is arrested in above crime and he is taken into
MCR. On 09.06.2025, he has made present application for bail. Accused
sought bail on the ground that, he is innocent and not aware about the
incident. The police has served notice through post at the place of his
residence at Uttar Pradesh instead of his Bandra residence. He or his
family members have not received said notice. He has no criminal
antecedents.
He is ready to abide by any conditions, if imposed by the court.
2. Say of Ld. APP and informant was called. They filed their
say and resisted the application. Hence they prayed for rejection.
3. Perused and read application with say of Ld. APP and
informant. Heard Ld. Advocate for said accused and Ld. APP.
4. Ld. APP opposed the application on the ground that, the
offence is serious in nature, non-bailable and compoundable with the
permission of the court. In this matter, accused’s friend Jay Bahaddur
said to invest money at accused who doubled the amount and therefore
accused invested Rs.5,00,000/- to accused. The accused had not
returned the amount. Earlier bail of accused is rejected by this court.
Now there is no change in circumstances. The accused is habitual
offender. Since 2024 accused is absconding. There is possibility of
abscondance of accused. He prayed for rejection.
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5. Informant filed his say and resisted the application on the
ground that the accused has also preferred an application for bail before
Hon’ble Sessions Court, which came to be rejected on 15.04.2025. The
conduct of the accused is
pari materia as observed by this Hon’ble Court
as well as Hon’ble Sessions Court. If accused is enlarged on bail, there is
serious threat of re-offending and absconding of the accused. Similar
nature of offences are registered against the accused in different police
stations. He prayed for rejection. The informant has produced copy of
following judgment in support of his arguments :-
Jagjeet Singh Vs Ashish Mishra @ Monu & Anr. ; Special
Leave Petition (Crl.) No. 2640 of 2022.
6. On perusal of record it is seen that the charge-sheet is in
the present matter is filed by the police on 06.05.2025 under section
318(4) of B.N.S. Though the offence is non-bailable, it is punishable
upto 7 years only and triable by this court. It is also a matter of record
that the earlier application of present accused is rejected by this court
and the bail application moved by the accused before the Hon’ble
Sessions court is also rejected. None of the applications are mentioned
in the present bail application. Still the fact remains that the now the
charge-sheet is filed. The accused is in jail from 08.03.2025. 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 he is not arrested after filing of
charge-sheet. Liberty of a person is the constitutional right. Bail is a rule
and jail is an exception. The amount involved in the offence is only Rs.5
Lakhs. Therefore, it is just and proper to release said accused on bail in
the interest of justice, as prayed. Hence, following order :-
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ORDER
i) The application is allowed.
ii) Accused be released on bail on his executing PB &
SB of Rs.50,000/- or PB of Rs.50,000/- and
provisional cash bail of equal amount for a month.
As far as possible surety shall be local.
iii) The accused shall not contact the informant or any
other prosecution witnesses in any manner.
iv) The accused shall not leave the jurisdiction of
Maharashtra without prior permission from this
court.
Date : 11.06.2025
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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