Final Order 1

Order Details: Bail Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
36TH COURT, MUMBAI CENTRAL RAILWAY, MUMBAI.
BAIL APPLICATION NO. 38 OF 2026
IN
C.R. NO. 01/2026 OF THE BANDRA TERMINUS RAILWAY
PROTECTION FORCE, MUMBAI.
01. Kallo s/o Yakub
02. Sahil s/o Irfan
03. Mehboob s/o Irfan …. Applicant/Accused
V/s.
The Union of India
Through Bandra Terminus
Railway Protection Force, Mumbai. .… Respondent.
Appearance :- Shri. Swapnil Sonawane, Ld. Asst.
Legal Aid Defence Counsel for the
Applicant/accused.
Shri. A. K. Singh, Ld. Sr. P. P. for the
Respondent.
ORDER PASSED BELOW BAIL APPLICATION
(Passed on 23rd January, 2026)
This is an application for bail moved by the accused
under section 480 of the BNSS in connection with C. R. No. 01/2026
registered with the RPF Bandra Terminus, for the offence punishable
under section 3 (a) of the RP (UP) Act.
2. Read the application. Accordingly say of Ld. Senior P. P.
and the E.O. was called. The E. O. filed his say and objected the
application on the ground that if the accused are released on bail they
would abscond and also pressurize the prosecution witnesses. The Ld.
Sr. P. P. has also filed his say on the present bail application, wherein
he submitted that the enquiry of the crime is in progress. The accused
were found in unlawful possession the railway property. If the accused
are released on bail, they would tamper the evidence and thereby
hamper the enquiry.
3. Heard the Shri. Swapnil Sonawane, Ld. Asst. Legal Aid
Defence Counsel for the accused. Admittedly, the offence is non
bailable, but not punishable with death or imprisonment for life. It is
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alleged that the accused were found in unlawful possession of the
railway property, which has already been recovered.
4. Under the circumstances and considering the grounds
stated in the application, if bail is granted to the accused subject to
certain conditions no harm or prejudice would be caused to the
prosecution. Hence, I pass the following order :-
ORDER
1. The Bail Application No. 38 of 2026 is allowed and disposed of.
2. The accused no. 01 Kallo s/o Yakub, accused no. 02 Sahil s/o
Irfan and accused no. 03 Mehboob s/o Irfan are released on
bail on executing their P. R. Bond of Rs. 15,000/- (Rupees
Fifteen Thousand Only) with one solvent surety in the like
amount.
3. The accused shall not tamper the prosecution evidence and
shall not hamper the investigation and shall not make any
inducement to the person acquainted with the facts of the case,
so as to dissuade him from disclosing such facts to the RPF or
to Court.
4. The accused shall attend the concern Enquiry Officer as and
when required.
5. The accused shall co-operate the Enquiry Officer.
6. The accused shall furnish authenticated copy of their identity
and address proof.
7. Accused shall not indulge themselves in the same kind of
offence here-in-after.
8. Provisional cash bail of Rs. 5,000/- (Rupees Five Thousand
Only) each is granted to the accused for Four weeks.
9. Office to inform to the accused immediately. Issue letter to the
Jail Authority accordingly.
Date :- 23.01.2026.
sd/-
(Tushar B. Waje)
Judicial Magistrate (First Class),
36th Court, Mumbai Central Railway, Mumbai.
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