Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 890 PW 2024 State Vs Ajmal and anr.
CNR-MHMM18-002005-2024
ORDER BELOW BAIL APPLICATION, Exh.8
1. Perused record. Heard both the sides.
2. The present application is filed for bail under Section 437 of Code
of Criminal Procedure, by accused Mr. Shabeer Abdulkhader Kottalikudy
Hydros, mainly on following grounds -
a. Applicant is innocent and falsely implicated in the matter though he is
not in anyway connected with the allegations.
b. No offences, as alleged made out.
c. The applicant is the owner of Crypto Currency Wallet and in the said
wallet Crypto amount was deposited by informant sent in the form of
USDT (US Dollar Detether). Applicant has not received anything directly
from the informant.
d. There found no role of the applicant even after completion of the
investigation and there is no evidence against him.
e. Investigation is over and charge sheet is already filed.
f. Accused is of tender age and only earning member. He is ready to
remain abide by the conditions, if any, imposed, etc.
3. Ld. A.P.P. objected to it stating that offence is serious.
Investigation though completed there is possibility of tampering and
absconding. The main accused is not yet arrested, etc. therefore,
application shall be rejected.
4. It is alleged that informant was lured by some unknown persons for
investment in Crypto currency. Accordingly, he paid an amount of Rs.45
lacs in such a form. Out of the said amount certain amount was
transferred to the Crypto Wallet of the present applicant, after passing
through several other wallets.
5. The investigation is over and charge sheet already filed. The charge
sheet reflects that applicant/accused is not directly connected with the
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C. C. No. 890 PW 2024 State Vs Ajmal and anr.
CNR-MHMM18-002005-2024
allegations. He was arrested and is in jail because certain amount has
been transferred to his Crypto Wallet. His connection with the allegations
appears remote.
6. Accused is permanent resident of Kerala and this is the only
offence registered against him. He is ready to remain abide by the
conditions. The major amount is already seized and handed over to the
informant. The other accused already released on bail. All the witnesses
are interested persons. Major evidence is in the form of documentary and
electronic record. It is already collected and as such possibility of
tampering is almost nil.
7. The possibility of commencement of trial and it’s conclusion
appears difficult. Accused is of tender age and as informed there are
dependents on him. He is just married and ready to remain abide by the
conditions. In such a situation pre-trial detention is not justified.
8. Considering all these aspects and facts and circumstances and
reasons assigned in the bail application the bail needs to be granted by
allowing the present application. Accordingly, following order -
ORDER
a. Application is allowed.
b. Accused is released on bail on his furnishing P.B. and S.B. of
Rs.25,000/-. Permission granted to deposit cash security instead of surety
bond.
c. Accused person shall furnish his detail address and proof thereof.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 01.03.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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