Final Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 251 BA 2025
CNR MHMM18-001069-2025
ORDER BELOW EXH.1
1. Perused record. Heard both the sides.
2. This is an application filed by one of the accused Mr. Devisharan
Trilok Sethi, under Section 480 of Bhartiya Nagrik Suraksha Sanhita
(B.N.S.S.), for bail. Accused prayed for bail mainly on the ground that he is
poor and innocent. Investigation relating to him is over. He is ready to
remain abide by the conditions, if any, imposed, etc. Investigating Officer
and Ld. A.P.P. objected to it stating that investigation is in progress and
there is possibility of tampering.
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.20,83,656/-. Then he came to
know that he has been defrauded by those unknown persons.
4. After registration of offence investigation commenced. The record of
investigation reflects that accused is not directly connected with the
allegations. He has been arrested because in an account of third person i.e.
another accused Mr. Shivam Vishambhar, provided by him to main accused
persons an amount of Rs.2,81,023/- has been transferred, out of the total
amount transferred by informant. The record further reflects that the
material is missing to connect the applicant, as it is noticed that he has also
been lured by main accused persons for commission on the said amount for
permitting to transfer said amount in the account, which is already handed
over by applicant to another accused. Therefore, there appears doubt about
the actual involvement of the present applicant in the alleged acts. He can
also said to be victim some limited extent.
5. Accused is in custody since 30.06.2024. The investigation relating to
accused seems over. The evidence is of electronic and documentary nature,
which is mainly in custody of the third persons. As such possibility of
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C. C. No. 251 BA 2025
CNR MHMM18-001069-2025
tampering is almost nil. Offence is triable by this Court itself. Accused is
ready to deposit the amount transferred in his account and also ready
remain abide by the conditions, if any, imposed.
6. The conclusion of investigation, filing of charge-sheet and consequent
conclusion of trial will take much time. Considering this aspect and reasons
discussed above and pleaded in the bail application, I am of the opinion that
this is fit case to grant the bail. Accordingly, following order-
ORDER
a. Application is allowed.
b. Accused Mr. Devisharan Trilok Sethi, is released on bail on his
furnishing P.B. and S.B. of Rs.15,000/- and on deposing an amount of
Rs.2,81,023/- (Rs. Two Lakhs Eighty One Thousand and Twenty Three
Only).
c. Permission granted to deposit cash security instead of surety bond.
d. Accused shall furnish his detail address and proofs thereof.
e. The informant is at liberty to withdrawn the amount of Rs.2,81,023/-
(Rs. Two Lakh Eighty One Thousand and Twenty Three Only), if deposited
by the applicant/ Mr. Devisharan Trilok Sethi.
MUMBAI (KOMALSING RAJPUT)
DATE – 31.01.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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