Final Order 1

Order Details: Bail Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
36TH COURT, MUMBAI CENTRAL RAILWAY, MUMBAI.
B.A.No. :- 254/BA/2025
C. R. No. :- BDTS/CR -04/2025
Railway Protection Force :- RPF Bandra Terminus
Punishable under section :- 3 of the RP (UP) Act
Name of the Accused No. 02 :- Mumtaz Ahmed S/o
Mohammad Rafiq
Date :- 12.06.2025
ORDER BELOW BAIL APPLICATION
This is an application for bail moved by the accused
under section 480 of the BNSS in connection with C. R. No.
BDTS/CR -04/2025 registered with the RPF Bandra Terminus, for
the offence punishable under section 3 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 is released on bail he
would abscond as he has no fixed place of abode at Mumbai. The
accused would also pressurize the prosecution witnesses. The Ld.
Senior 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 was found in unlawful possession the railway
property. If the accused is released on bail, he would tamper the
evidence and thereby hamper the enquiry.
3. Heard the Ld. Advocate Shri. B. N. Tiwari for the
accused. Admittedly, the offence is non bailable, but not punishable
with death or imprisonment for life. It is alleged that the accused
was found in unlawful possession of the railway property, which
has already been recovered. So also, there is no material on the
record to show that accused is an habitual offender.
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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. 254 of 2025 is allowed and
disposed of.
2. The accused namely Mumtaz Ahmed S/o Mohammad Rafiq
is released on bail on executing his P. R. Bond of Rs.5,000/-
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
police 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 his identity
and address proof.
7. Accused shall not indulge himself in the same kind of offence
here-in-after.
8. Provisional cash bail of Rs.5,000/- is granted to the accused
for Four weeks.
Date :- 12.06.2025.
Alam
sd/-
(Tushar B. Waje)
Judicial Magistrate (First Class),
36th Court, Mumbai Central Railway, Mumbai.
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