Final Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 280 BA 2025
CNR MHMM18-001230-2025
C. C. No. 342 BA 2025
CNR MHMM18-001391-2025
COMMON ORDER BELOW EXH.1
IN B.A. Nos. 280 AND 342 OF 2025
1. Perused record. Heard both the sides.
2. Both these applications filed under Section 480 of Bhartiya Nagrik
Suraksha Sanhita (B.N.S.S.), for bail. The summary of the grounds pleaded
for bail is that, applicants are innocent and are falsely implicated. They are
not knowing the intricacies of banking and cyber transactions and were
mislead by other persons. They are not having any criminal antecedents and
acted on behalf of main accused persons in lieu of commission of certain
amount. The investigation is over. There are dependents on them. Therefore
they shall be released on bail, for these reasons besides other grounds.
3. The Investigating Officer and Ld. A.P.P. objected to it. The summary
of their objection is that, the active involvement / role of the applicants
transpired in the matter. The offence is serious, investigation is in progress.
The other accused persons are not yet arrested, there is every possibility of
tampering and absconding, etc.
4. The summary of the allegations is that, some unknown persons called
informant impersonating themselves as officers of several law enforcement
agencies and fraudulently extracted from him an amount of Rs.5,47,00,000/-
(Rs.5.47 Crores).
5. After registration of offence the investigation started. It is transpired
that, the account of one of the applicant Mr. Shabbir has been used for
transfer of an amount of Rs. 9,84,011/-. After transfer of the amount the said
amount was withdrawn by remaining two applicants. The account was
provided by one of the applicant Mr. Farzan and used by another applicant
Mr. Hasan. The applicant Mr. Shabbir allowed his account to be used by
other applicants in lieu of commission of certain amount. It is also
transpired that the remaining applicants were provided several accounts.
-- 1 of 2 --
C. C. No. 280 BA 2025
CNR MHMM18-001230-2025
C. C. No. 342 BA 2025
CNR MHMM18-001391-2025
6. The amount involved in the offence is very high. The material
investigation is incomplete as other accused persons are yet to be arrested
and till today nothing recovered. The role of the applicants transpired during
investigation is clearly reflects their active involvement. They cannot be
said to be innocent. They seem to be acted in connivance with main accused
persons. The offence is serious and the incidences occurring rampant.
Allowing the bail application will have an effect of hampering the further
progress. The main ground assigned, that accused / applicants are innocent,
is not sustainable for these reasons. Other reasons assigned are also not
justifiable to grant bail. Therefore following order :-
ORDER
Both the applications are rejected.
MUMBAI (KOMALSING RAJPUT)
DATE – 14.02.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
ssl.
-- 2 of 2 --