Order 1

Order Details: Copy of Order
Pdf Text: ORDER BELOW BAIL APPLICATION OF THE ACCUSED
IN C. C. No. 1893/PW/2026, C. R. No. 51/2026
OF NORTH REGION CYBER POLICE STATION
Present application is filed by Defence Advocate for releasing
accused viz. Sachin Manojbhai Modanwal on bail, for the offences p/u/s.
61(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2) of BNS r/w Sec. 66(c),
66(D) of I. T. Act.
2. It is submitted that applicant/accused has been falsely implicated.
No notice prior to arrest has been given to the applicant. He has not
received any consideration from the informant as alleged. There is material
contradiction between FIR alleging fraud of Rs. 39,81,000/- and arrest
notice mentioning only Rs. 2,01,000/- against the applicant. Investigation
is completed and charge-sheet has been filed. Hence, Ld. Advocate prayed
to allow the application.
3. Heard either sides. The Court has perused FIR and remand report. It
reveals present out of total duped amount of Rs. 39,81,000/-, an amount
of Rs. 2,01,000/- has been received by the applicant/accused in his own
bank account. Now, the charge-sheet has been filed. Thus, the investigation
is found to be completed. The offences are not punishable with death or
life imprisonment. No purpose would be keeping the accused in jail as
investigation is already completed. It will certainly take reasonable time to
conclude the trial. Therefore, in such facts and situation, considering the
nature of the offences attracted, the Court finds that principle of ‘bail is
rule and jail is exception’ would be attracted at such stage of the trial.
Thus, the Court proceed to pass the following order.
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O R D E R
i. Application is allowed.
ii. Accused viz. Sachin Manojbhai Modanwal be released on execution
of P. R. bond of Rs. 25,000/-, with one solvent surety, in the like amount,
providing permanent residential and identity proof.
iii. Accused shall not commit similar offence in future.
iv. Accused shall not directly or indirectly make any inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to any police
officer or tamper with the evidence.
Sd/-
(A. A. K. Shaikh)
Judicial Magistrate First Class,
Date : 11.08.2026 17th Court, Borivali, Mumbai
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