Full Order Text
Order 1 · 04 Mar 2024 · CNR MHMM180025612024
Order Details: Bail Order Pdf Text: C. C. No. 1078 PW 2024 State Vs Rajendra CNR-MHMM18-002561-2024 ORDER BELOW BAIL APPLICATION, Exh. 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. Rajendra Jagannath Wanmali, mainly on following grounds that, applicant is innocent and falsely implicated in the matter though he is not in anyway connected with the allegations. No offences, as alleged made out. Applicant has already deposited the amount credited to his account. There found no role of the applicant even after completion of the investigation and there is no evidence against him. Investigation is over and charge sheet is already filed. 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 under the pretext of providing good returns for completing certain tasks and defrauded to the extent of Rs.21 lacs. The investigation is over and charge sheet already filed. The charge sheet reflects that applicant/accused is not directly connected with the allegations. He was arrested and is in jail because certain amount of Rs.1,08,000/- has been transferred to his bank account. Said amount is already deposited by him with Investigating Officer. His connection with the allegations appears remote. Accused is permanent resident of Uttar Pradesh. He is ready to remain abide by the conditions. 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. Page - 1/2 -- 1 of 2 -- C. C. No. 1078 PW 2024 State Vs Rajendra CNR-MHMM18-002561-2024 5. 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 ready to remain abide by the conditions. In such a situation pre-trial detention is not justified. 6. 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.15,000/-. 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 – 04.03.2024 M.M., 12TH COURT, BANDRA, MUMBAI Page - 2/2 -- 2 of 2 --
