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Order 1

CNR MHMM18002561202404 Mar 2024
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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.
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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
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