Final Order 1

Order Details: Bail Order
Pdf Text: ORDER BELOW BAIL APPLICATION NO.72/BA/2025
IN C. R. NO.421/2024 OF BKC POLICE STATION
Accused Dayanand Suvarna filed present application for
enlarging him on bail. According to accused, he is alleged to have
committed an offense punishable under sections 420, 406, 120(B) of
I.P.C. He submitted that, he has not committed any offense, as alleged.
He is falsely implicated in the present crime. It is contended that, he is
permanent resident of Mumbai. He will not abscond. Lastly, he prayed
that, application be allowed and he be released on bail.
2. Ld. A.P.P. and the investigating officer have resisted the
prayer of granting of bail to the applicant accused, contending that, the
offense is serious one. Allegations are well founded. The accused has
received huge amount and deceived the informant. If accused released
on bail, he will be absconded. Lastly, they prayed that, application be
rejected.
3. Ld. Advocate Shri Balsaraf for accused submits that the
entire allegations in FIR are of civil nature. The FIR does not disclosed
the ingredients of section 420 of the IPC. Accused is in jail since
01.01.2024 therefore accused be released on bail.
4. Ld. A.P.P. Shri Joshi for the State submits that the
investigation is yet to be completed. The offense is serious and
regarding huge stake. If accused released then he would tamper the
prosecution witnesses. Lastly he prayed that application be rejected.
5. I have gone through record. The FIR shows that accused
alleged to have induced the informant to deliver huge amount to the
tune of I. 1 Crore and more. It is to be noted that in FIR itself it is
contended by the informant that he has business relations with accused
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and since 2000 he has been appointed with the accused. The accused
gave proposal to informant for investment in the business of sale
purchase of old cars. It further appears that in the year 2010 as accused
had not given the profit of the business therefore he refused to further
investment. On 17.05.2010 the outstanding amount of Rs.32 lakhs was
with accused. Again time to time though the huge amount was pending
with accused the informant has given money to the accused and on
27.05.2024 he registered the FIR.
6. Now accused is in judicial custody. The investigation for
which the custody of accused was required, has been completed. The
offense against accused is triable by this court. Accused is resident of
Mumbai therefore his presence can be secured through surety. Therefore
by imposing certain conditions accused can be released on bail. Hence,
I proceed to pass following order.
ORDER
1 Application is allowed.
2. Accused Dayanand Shekhar Suvarna be released on P. R. and S. B.
of I.25,000/-.
3. The accused shall not tamper the prosecution evidence.
4. Accused shall remain present in police station BKC on each
Monday at around 11.00am to 01.00 pm till filling the
chargesheet.
5. Accused provisionally be released on cash bail of Rs.25,000/- and
he shall furnish the surety within 4 weeks from the date of
released from the jail.
Date : 09/01/2025. Sd/-
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
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