Final Order 1

Order Details: Copy of Order
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Order below Bail Application No. 94/BA/2025 of
accused in C.R. No. 132/2025 of Bhandup Police
Station .
This is an application filed by accused seeking
release on bail u/s. 480 of BNS.
02. Perused the application, say of Ld. APP.
03. Heard both sides at length.
04. According to the accused, she is innocent and
she has been falsely implicated in crime. The accused
further contended that she is having Aadhar card and
she is residing in Mumbai. Therefore, accusations are
false about her illegal stay in India.
05. According to the case of prosecution, accused
is citizen of Bangladesh and she was found to be residing
in India without valid passport. Moreso, the police
traced out that she is resident of Jujunpur, Police Station
Kotwali, Dist. Jeshor, Bangladesh Country. She was
possessing the mobile handset wherein several
Bangladesh numbers were found including EMO App.
Therefore, she has been prosecuted for offence
punishable under section 14 of Foreigners Act.
06. I find that following parameters are required to
be looked into while deciding the bail application i.e.
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(i) Whether there is prima facie or reasonable ground to
believe that the accused person had committed the
offence,
(ii) Nature and gravity of accusation,
(iii) Severity of punishment in the event of
conviction,
(iv) Danger of accused of absconding and fleeing if
released on bail,
(v) Character, behavior, means, position and
standing of the accused,
(vi) Likelihood of the offence being repeated,
(vii) Reasonable apprehension of the witnesses
being influenced and
(viii) Danger of course of justice being thwarted by
grant of bail, are required to be considered.
07. In this case, I prima-facie find that accusations
are well founded against the accused on the basis of
information collected by the I.O.. Further, I find that the
accused has committed serious offence by contravening
provisions of Foreigners Act. She is residing in India
without valid passport. If she is released on bail, then
there is every possibility of her absconding from the
country. Furthermore, I find that electronic evidence in
the form of mobile handset prima-facie discloses that she
is a foreigner and residing in India by compromising the
security and integrity of India. Therefore, in such
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circumstances, I am of the opinion that it will not be
proper to release the accused on bail.
08. So, considering the enormity of allegations and
the reasonable apprehension that the offence alleged to
have been committed by the accused. I find that accused
does not deserve bail at this stage. In the result, I pass
the following order;
ORDER
Bail application of accused Jahanarabibi
Chalam Mandol stands rejected.
( M. R. Washimkar )
Date :- 18.03.2025 Judicial Magistrate (First Class),
53rd Court, Mulund, Mumbai.
pam
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