Final Order 1

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IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
27TH COURT, MULUND, MUMBAI
ORDER BELOW BAIL APPLICATION NO. 184/BA/2026 IN
CR NO. 651/2026 OF MULUND POLICE STATION.
1. This application is filed for regular bail after filling of
charge-sheet.
2. Perused application and say filed by Ld. APP. Heard Ld.
Advocate for accused and Ld. APP Smt. Vaishali
Agawane for the Prosecution.
3. Accused are charged with an offence punishable under
section 8(c) r/w. 20 (b)(ii) of NDPS Act.
4. This bail application is filed on the ground that, the
accused is falsely implicated in this matter, he had not
played any role in the offence. he is in the custody since
the date of arrest and investigation is over. No purpose
will be served by keeping the accused in the custody. he
is fixed place of residence and hence, he shall not jump
over the bail. He is innocent and shall not tamper with
the evidence and ready to co-operate with the police.
The accused is ready to abide the conditions, if any,
imposed by this court.
5. This application is opposed by the Ld. APP on the
ground that the offence is serious and non-bailable. If
the accused is released on bail, there is chances that he
may abscond or he may tamper the prosecution
witnesses. His presence is required for trial. If accused
is released on bail, he may again commit same type of
offence.
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6. Heard Ld. Advocate for the accused. Heard Ld. APP for
the State. Perused application and say filed by Ld. APP.
7. On perusal of record it appears that, the accused is in
custody since 13-05-2026. Nothing is to be recovered.
No purpose will serve by keeping the accused behind
the bar. It is settled principal of the law that, bail is rule
and jail is exception and considering the fact of this
case there are no exceptional circumstances to refuse
the bail.
8. So, considering the fact that if the accused is released
on bail with certain condition no prejudice will cause to
the prosecution, on the contrary no purpose will serve
by keeping the accused behind the bar. Hence, I
proceed to pass the following order.
ORDER
1] Application is allowed.
2] Accused be released on furnishing of P.B. and S.B.
of Rs 15,000/-. Provisionally accused be released
on cash bail of Rs. 5,000/- for four weeks.
3] Accused persons shall not tamper prosecution
evidence, shall not pressurize the prosecution
witnesses and shall co-operate the I.O. in
investigation.
Date : 15/05/2026.
Place : Mulund.
Sd/-
(S. V. Swami)
Judicial Magistrate (First Class),
27th Court, Mulund, Mumbai.
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