Interim Order 2

Order Details: Bail Order
Pdf Text: C. C. No. 115 PW 2023 State Vs Alex and ors.
CNR No.MHMM18-000357-2023
ORDER BELOW BAIL APPLICATION, EXH.20
1. Perused record. Heard the accused and Ld. A.P.P.
2. The present application filed by accused Mr. Chen Po-Shuo @
Wichen Chawang, under Section 437 of Code of Criminal Procedure, for
bail.
3. It is contended that accused is innocent and falsely implicated and
victimized by the sleuths. Investigation is over. There transpired nothing
against him and nothing recovered at his instance. Accused is ready to
remain abide by the conditions. Other accused already released on bail.
He has no criminal antecedents. Investigation is completed and charge
sheet is already filed. Accused will not tamper with evidence. He is
having dependents on him i.e. wife and a minor daughter. Accused is
permanent resident of Taiwan and stays in Delhi. He is ready to appear
regularly for facing trial, etc. therefore, he shall be released on bail.
4. Ld. A.P.P. objected to it stating that allegations are serious. Active
involvement of the accused noticed in the incidence. There are several
prosecutions pending against him. Huge hardware and other data seized
from the accused. He is also found involved in an offence by D.R.I., New
Delhi. He is resident of Taiwan. If released he may not returned for facing
trial.
5. It is alleged that present applicant and other persons involved, lured
informant to pay the amount of Rs.47 lacs under the pretext of providing
job and business opportunities. The charge sheet further reflects that the
present applicant is the main person involved in the transactions. There
are several prosecutions pending against him and he is resident of Taiwan.
The amount involved is high. The allegations are serious. If these aspects
compared with the grounds assigned and objections raised, it can be said
that accused may not turned up for facing trial.
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C. C. No. 115 PW 2023 State Vs Alex and ors.
CNR No.MHMM18-000357-2023
6. The record reflects that huge hardware and other evidence collected
at the instance of accused. It is submitted that there found no material
against him after completion of investigation, but the documentary
evidence is against the accused. Several amounts transferred in the
different accounts connected with the accused or in accounts in respect of
which information is obtained from him. Though investigation is
completed against him the several accused persons are yet to be arrested
and evidence may also be collected from them. As such there is every
possibility of tampering.
7. These aspects compared with the reasons assigned the balance tilts
in favour of prosecution and prayer can not be allowed. Merely because
other accused persons released on bail, parity can not be considered as a
sole ground to release the applicant on bail as role assigned is totally
different and accused is resident of other country. Therefore, following
order -
ORDER
Application is rejected.
MUMBAI (KOMALSING RAJPUT)
DATE – 17.02.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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