Order 1

Order Details: Bail Order
Pdf Text: COMMON ORDER BELOW BAIL APPLICATIONS, EXIBITS 7 & 8
1. Perused record. Heard both the sides.
2. Both these applications filed under Section 437 of Code of Criminal
Procedure, for bail. The grounds pleaded by accused persons can be
summarized in a way that, they are innocent. Investigation is over.
Accused/applicants are poor. The other accused are already released on
bail. They are ready to remain abide by the conditions. They themselves are
victim and defrauded by the main accused, who is absconded.
3. Ld. A.P.P. objected to both these applications stating that, offence is
serious, amount involved is high. The active involvement of both the
applicants noticed in the matter. The main accused is yet absconding, as
such there is possibility of tampering.
4. The summary of the first information report, is that some unknown
persons approached informant for investment. Lured by offers made to the
informant he invested an amount of about Rs.38 lacs. The record of
investigation reflects that, the account of applicant Mr. Satish Gupta, was
opened by accused No.2/another applicant Mr. Amankumar and it was used
for transfer of the amount of Rs.27lacs. It is contended that, both of them
were pursued by absconded accused Mr. Faijan and he used that money.
5. After going through the record there appears some substance in the
contentions of the applicants and they seems to be arrested as account was
opened and it was used by them for transferring money. They are poor and
resident of Navi Mumbai. The investigation is over and charge-sheet
already filed. To certain extent they can be said to be victims.
6. The evidence is of electronic and documentary nature. The
possibility of tampering is nil. So also accused are ready to remain abide by
the conditions. The production of accused for the framing of charge and
conclusion of trial will take substantial time. Offence is triable by this
Court itself. The pretrial detention seems not justified.
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7. No doubt the amount involved is high but as accused are not directly
connected and in view of above discussed factual and legal aspects of the
matter and grounds assigned, the bail needs to be granted to both the
applicants. Therefore, following order-
ORDER
a. Applications are allowed.
b. Accused persons Mr. Satish Santosh Gupta and Mr. Amankumar
Gautam, are released on bail on their furnishing P.B. and S.B. of
Rs.30,000/- each. Permission granted to deposit cash security instead of
surety bond.
c. Accused person shall furnish their detail addresses and proofs
thereof.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 15.02.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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