Final Order 1

Order Details: Copy of Order
Pdf Text: ORDER BELOW BAIL APPLICATION OF THE ACCUSED
IN C. R. No. 114/2026 OF NORTH REGION CYBER POLICE STATION
(2042/BA/2026)
Present application is filed by Defence Advocate for releasing accused
viz. Kunal Kailas Maske on bail, from the allegation of commission of offences
p/u/s. 318(4), 319(2), 336(2), 336(3), 338, 340(2), 61(2) of BNS r/w Sec.
66(c)(d) of I. T. Act.
2. It has been stated in the application that applicant/accused is innocent
and falsely implicated. He has not committed any crime as alleged. He has no
criminal antecedents. He hails from respectable family. Hence, Advocate
prayed to allow the application.
3. Investigating Officer has resisted the application stating that present
applicant along with absconding accused used account maintained at Axis
Bank for commission of offence. There are total 38 cyber fraud cases in
respect of account in dispute pending in different states. Investigation
regarding preparation of forged documents is in progress. If accused is
released on bail, he may threaten informant and witnesses.
4. Ld. APP has resisted the application stating that offences registered
against accused are serious in nature and non bailable. Huge amount of Rs.
31,50,000/- is involved in the crime. Out of said amount, an amount of Rs.
49,800/- has been transferred in the account of present applicant and it is yet
to be recovered. Investigation is in progress. Prima facie there is involvement
of accused in the crime. If accused is released on bail, he may abscond or
may commit similar offence. Hence, APP prayed to reject the application.
5. Heard both sides. Perused the remand reports, say of Investigating
Officer. From perusal of remand report dated 12.08.2026, it is revealed that
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brother of accused Yogesh Solanki namely Prem Solanki, on behalf of all
accused persons, submitted demand draft beairng no. 308677 dated
11.08.2026 for Rs. 49,800/- drawn on Bank of Baroda, Shimpoli branch with
Cyber Police Station. The offences attributed are not punishable with death.
The want of absconding accused needs an independent investigation.
Furthermore, offences are triable by this court. It will certainly take time to
conclude the trial. No purpose would be served by keeping the
applicant/accused behind the bars. Far the more, the availability of the
applicant to the police at such stage of investigation may facilitate the
forthcoming investigation. Hence, the Court is of the opinion that the accused
can be enlarged on bail. Thus, the Court proceed to pass the following order.
O R D E R
i. Application is allowed.
ii. Accused viz. Kunal Kailas Maske be released on execution of PB and SB
of Rs. 15,000/-, providing permanent residential and identity proof.
iii. Accused shall not indulge in similar nature of offence in future and he
shall not threaten informant and witnesses.
iv. Accused shall not tamper with the prosecution evidence.
(A. A. K. Shaikh)
Judicial Magistrate First Class,
Date : 13.08.2026 17th Court, Borivali, Mumbai
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