Final Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 06 BA 2025
CNR MHMM18-000172-2025
ORDER
1. Perused record. Heard both the sides.
2. This is an application under Section 480 of Bhartiya Nagrik
Suraksha Sanhita (B.N.S.S.), for bail, after filing of chart sheet. Accused
prayed for bail mainly on the ground that he is poor and innocent. The
mandatory compliance pertaining to arrest not done. Investigation is over.
Chart sheet already filed. There transpired against accused during
investigation. Accused is ready to remain abide by the conditions, if any,
imposed, etc. Ld. A.P.P. objected to it stating that though investigation is
over, the allegations are serious. Active role of accused transpired and as
such there is possibility of tampering. There are several offences of same
nature registered against the accused, etc.
3. The summary of the first information report, is that some unknown
persons approached informant for investment. Lured by offers made the
informant invested an amount of about Rs.52,40,000/-.
4. The record of investigation reflects that accused is not directly
connected with the allegations. He arrested just because an amount of
Rs.15,00,000/- is transferred to his account. Though there are other
offences alleged to be registered against the accused, the present record of
investigation reflects that there is doubt about the actual involvement of the
applicant in the alleged acts.
5. Accused is in custody since 20.08.2024. The investigation is over.
The evidence is of electronic and documentary nature. It is already
collected and it is said to be mainly in custody of the third persons. As such
possibility of tampering is almost nil. Offence is triable by this Court itself.
Accused is ready to remain abide by the conditions. The conclusion of trial
will take much time. There also appears substance in the submissions and
1 of 2
-- 1 of 2 --
C. C. No. 06 BA 2025
CNR MHMM18-000172-2025
ground raised to the effect that certain mandatory compliance pertaining to
arrest, as per Section 47, etc. of B.N.S.S., not done. This ground also seems
enough to grant the bail, as material produced to show such compliance is
deficient.
6. Considering reasons assigned and all these legal and actual aspects
of the matter, following order-
ORDER
a. Application is allowed.
b. Accused Mr. Hari Popat Dhotre, is released on bail on his furnishing
P.B. and S.B. of Rs.30,000/-. Permission granted to deposit cash security
instead of surety bond.
c. Accused shall furnish his detail address and proofs thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 14.01.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
2 of 2
-- 2 of 2 --