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. :- 365/BA/2025
C. R. No. :- 12/2025
Railway Protection Force :- Bandra Terminus
Punishable under section :- 3 of the RP (UP) Act
Name of the Accused :- 1) Asgar s/o Shamsher Shaikh
2) Mohd. Sajiruddin s/o Bhiku
Momin
Date :- 19.08.2025
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 12/2025
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 are released on bail they
would abscond and 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 were found in unlawful possession of the railway property. If
the accused are released on bail, they would tamper the evidence and
thereby hamper the enquiry.
3. Heard the Ld. Advocate Shri. Mohd. Rizwan for the
accused. Admittedly, the offence is non bailable, but not punishable
with death or imprisonment for life. It is 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
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prosecution. Hence, in result thereof, I pass the following order :-
ORDER
1. The Bail Application No. 365 of 2025 is allowed and
disposed of.
2. Accused No. 01 namely Asgar s/o Shamsher Shaikh and
accused no. 02 namely Mohd. Sajiruddin s/o Bhiku Momin
are released on bail on executing their P. R. Bond of Rs.
15,000/- (Rupees Fifteen Thousand Only) each 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 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. 7,000/- (Rupees Seven 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 :- 19.08.2025.
Alam
sd/-
(Tushar B. Waje)
Judicial Magistrate (First Class),
36th Court, Mumbai Central Railway, Mumbai.
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