Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 70 PW 2023 State Vs Arun
CNR MHMM18-000230-2023
ORDER BELOW BAIL APPLICATION NO.363/2023
1. Perused record. Heard both the sides.
2. The present meticulously drafted application filed by accused for
bail under Section 437 of Code of Criminal Procedure, detailing all the
facts and circumstances and grounds for bail. It is contended that after
arrest of the accused/applicant, his first bail application was rejected by
this court as well as by Sessions Court. Then he narrated the details of the
First Information Report and material collected during investigation. He
pleaded mainly following grounds for bail.
a. He is working with a finance company, having command over English and
Hindi languages. He generally deals in stock market or shares in interested to advise
people to invest.
b. The main accused Mr. Deep Singh, contacted informant and as informant and
her husband asked for assistance in English language, he take assistance of presence
applicant/accused.
c. The informant and her husband were aware of the intricacies of the stock
market and merely on the information furnished it can not be said that they invested
and such act constitute any offence.
d. Applicant/accused is falsely implicated in this case and has not committed any
offence. He is resident of Dewas, Madhya Pradesh and possibility of absconding is nil.
e. He had just played a role of communicator, not called for investment from
informant.
f. He is not beneficiary, not a single rupee transferred to him.
g. The section invoked is not applicable.
h. There is no evidence against him in the charge sheet. The investigation is
completed. The accused has no criminal antecedents. Accused is in jail for sufficient
time, he is ready to remain abide by the conditions, besides other grounds.
3. Ld. A.P.P. objected to it stating that investigation though completed
against accused, nothing has been recovered. Other accused persons not
arrested. The allegations are serious. Amount involved is high and there is
possibility of tampering.
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C. C. No. 70 PW 2023 State Vs Arun
CNR MHMM18-000230-2023
4. The submissions of both the parties are in tune with respective
contentions. There is no need of its repetition. Ld. Advocate for the
accused/applicant Mr. Pandey, also relied on certain citations.
5. It is alleged that accused with other persons, lured informant to
invest the amount in stocks, committed fraud on informant and her
husband and obtained an amount about Rs.17 lacs from her. The
investigation is completed and charge sheet is already filed. From the
charge sheet it is clear that the role attributed to accused/applicant is not
much serious. There appears substance in the submissions of the Ld.
Advocate that he simply played the role of communicator between
informant, her husband and other accused persons. This fact is further
substantiated from the record pertaining to evidence collected which is
showing that not a single rupee transferred to the account of
accused/applicant.
6. The investigation is over and charge sheet already filed. Accused is
in custody since long. Further, the record is bulky, the framing of charge,
commencement of evidence and other procedures upto conclusion of trial
will take substantial time. The accused is permanent resident of Dewas,
Madhya Pradesh. He is ready to remain abide by the conditions, if any,
imposed. The evidence mainly constitutes documentary evidence.
Witnesses are interested persons. Thus, possibility of absconding of
accused and tampering is almost nil.
7. Accused is of tender age. He seems to be belonged to respected
family and educated person. The commencement of trial and its
conclusion will take substantial time as evidence is bulky and forms part
of electronic record. Considering these aspects of the matter, reasons
assigned in the bail application and above discussed facts and
circumstances, the application needs to be allowed and hence, order :
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C. C. No. 70 PW 2023 State Vs Arun
CNR MHMM18-000230-2023
ORDER
a. Application is allowed.
b. Accused No.1, Arun Manohar Roy, is released on bail on his
furnishing P.B. and S.B. of Rs.50,000/-. Permission granted to deposit
cash security instead of surety bond.
c. Accused shall furnish his detail address and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 02.02.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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