Final Order 1

Order Details: Bail Order
Pdf Text: B. A. No.415 of 2025
CNR MHMM18-001713-2025
ORDER BELOW BAIL APPLICATION
IN C. R. NO.322/2024 (Cyber P.S. West Division)
1. Perused record. Heard both the sides.
2. The present application is filed under Section 480 of Bharatiya
Nagarik Suraksha Sanhita (B.N.S.S.), 2023, for bail mainly on the grounds
that applicant is innocent. He has no connection with the allegations. The
applicant was arrested only on the ground of suspicion merely because the
mobile number registered in his name has been used in the disputed
transactions. Further, investigation relating to him is over. Nothing
transpired against him. He is ready to remain abide by the conditions, etc.
3. The Investigating Officer and Ld. A.P.P. objected to it stating that
investigation is in progress and there is possibility of tampering. Offence is
serious. Huge amount is involved. Active involvement of the accused
noticed, therefore, application shall be rejected.
4. It is alleged that certain unknown persons approached informant.
They lured informant under the garb of investment and extracted an amount
of Rs.56,15,000/-.
5. After commencement of investigation, the present accused/applicant
has been arrested as an amount of Rs.30,00,000/-, has been transferred to
the account, with which the mobile number registered in the name of
applicant has been connected. It is further found that accused/applicant was
possessive of several other documents including various cheque books,
ATM Cards, etc.
6. It is submitted that a third person used the mobile number and
applicant is having no connection with the allegations. However, the record
of investigation is against the submissions. From the evidence collected
applicant can not be said to be absolutely innocent. There found several
other incriminating articles as well. The investigation is incomplete. The
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B. A. No.415 of 2025
CNR MHMM18-001713-2025
other accused persons are yet to be arrested. The amount involved is high
and there is every possibility of absconding and tampering of evidence as
accused is resident of other State. Considering these aspects and the fact
that the other accused persons are yet to be arrested, it can be inferred that
bail can not be granted on the grounds assigned. As such no case of bail
made out. Therefore, following order -
ORDER
Application is rejected.
MUMBAI (KOMALSING RAJPUT)
DATE – 17.02.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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