Final Order 1

Order Details: Copy of Bail Order
Pdf Text: ORDER BELOW BAIL APPLICATION IN C. C. NO. 1509/BA/2024 IN
CONNECTION WITH C.C. NO. 1244/PW/2024 OF NEHRUNAGAR POLICE
STATION
1. The accused Pritam Kundan Oswal has moved this application for
praying to release himself on bail under section 437 of the Cr.P.C.
2. Read the application and say filed below it by A.P.P & Investigating
Officer.
3. Heard the learned Advocate of the accused and learned A.P.P. The
Ld. A.P.P. has objected this application on the grounds that the
accused has committed the serious offence and there is prima faice
evidence against the accused. It appears that there is an active
involvement of present applicant in this crime. If the accused is
released on bail then there is high possibility of abscond and
commit the similar type of crime. Further the accused will misuse
his liberty to tamper and hamper the prosecution evidence. The
release of the accused is dangerous for the society, as the accused
has committed the crime against the society.
4. The learned Advocate for the accused submitted that he is falsely
implicated in this matter and has nothing to do with the said
offence. He is innocent and nothing to do with the commission
of offence. Nothing will be gained by detaining the accused in
judicial custody. He is law abiding citizen and hail from
respectable family with deep roots in the society. He is ready to
abide any condition impose by this court. He is only earning
member of his family. The learned Advocate for the accused
submitted that he will abide by the terms and conditions
imposed by this Court if the prayer as set out in the application
is granted.
5. The accused is involved in the serious offence punishable under
Section 420 of the IPC. The accused duped the informant to the
tune of Rs. 4,05,000/- and for that purpose cheated the informant.
It further transpires that in the bank account statement of accused it
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revealed that the accused received the amount from the informant.
Further the accused has also cheated the witness Sonal Katre to the
tune of Rs. 3,74,000/- under the pretext of giving room in SRA. It is
also revealed during investigation that he also cheated another
person Prashant Kale to the tune of Rs. 7,56,000/- and also created
forged documents of MHADA.
6. On perusal of FIR, charge-sheet and the arguments advanced it
transpires that the present accused promised the informant that he
will get room No. 903 of Building No.37 and for that purpose he
took Rs. 4,05,000/- in total from the informant and later on he also
informed him via whatsapp message that loan of Rs. 25,00,000/- is
also sanctioned on the said room. The informant asked for the
execution of the documents of the room however, the accused
informed that it will be done only after full payment. The informant
repeatedly asked the accused about the execution of the document
however, the accused was asking for full payment of Rs. 32,00,000/-
and started giving evasive replies and later on stopped answering
the phone calls of the informant.
7. Such contentions in the First Information Report alongwith the
other documents, statement and the charge-sheet prima facie shows
involvement of the accused in the alleged crime. Yet the amount
received by the accused from the informant is not recovered. He has
not co-operated with the investigation. If released on bail he may
cause to disappear the said amount and its trail. More so,
considering nature of the offence if released on bail he will try to
pressurize and threaten the informant. Further the similar offences
are registered against the accused bearing Cri. No. 435/2024 and
137/2023 of Neharunagar Police Station. Therefore, it appears that
the accused is habitually cheating the prospective buyers who are in
search of MHADA rooms. Hence, if he released on bail he will again
commit the similar offence which will cause economic loss to other
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persons. Therefore, there is no substance in the present application
so that the present application is devoid of merits and liable to be
rejected. In the result, I proceed to pass following order.
-: O R D E R :-
1) The application is hereby rejected.
Date :- 19/11/2024
Place:-Vikhroli.
Sd/-.
(Ajay A. Bhatewara)
Judicial Magistrate (1st Class),
34th Court, Vikhroli, Mumbai.
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