Final Order 1

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IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
27TH COURT, MULUND, MUMBAI
ORDER BELOW BAIL APPLICATION NO. 197/BA/2026 IN
CR NO. 486/2026 OF NAVGHAR POLICE STATION.
1. Perused application and say filed by Ld. APP. Heard Ld.
Advocate for accused persons and Ld. APP for the state.
2. Accused are charged with an offence punishable under
section 318(4) of BNS.
3. This bail application is filed on the ground that, the
accused are falsely implicated in this crime and they not
played any role. The investigation is almost completed.
No purpose will be served by keeping the accused in the
custody. They have fixed place of residence and will not
jumped over the bail. They will not tamper the
prosecution evidence. The accused are ready to abide
the conditions, if any, imposed by this court.
4. This application is opposed by the Ld. APP on the
ground that if they are released on bail, they may get
abscond and may commit similar offence again. They
may dispose off the amount.
5. Heard Ld. Advocate for the accused. Heard Ld. APP for
the State. Perused application and say filed by Ld. APP.
6. On perusal of record it appears that, the accused is in
custody since 01-06-2026. During the course of police
custody, nothing has been recovered at the instance of
the accused. 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
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the fact of this case there are no exceptional
circumstances to refuse the bail.
7. So, considering the fact that if the accused 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 25,000/- each.
3] Accused shall not tamper prosecution evidence,
shall not pressurize the prosecution witnesses
and shall co-operate the I.O. in investigation.
Date : 12/06/2026.
Place : Mulund.
Sd/-
(S. V. Swami)
Judicial Magistrate (First Class),
27th Court, Mulund, Mumbai.
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