Order 2

Order Details: Bail Order
Pdf Text: C. C. No. 1078 PW 2024 State Vs Rajendra
CNR-MHMM18-002561-2024
ORDER BELOW BAIL APPLICATION, EXH.7
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. Rishabh Manish Dubey, 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. 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 for sufficient time. 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.
5. The other accused is already on bail. The possibility of
commencement of trial and it’s conclusion appears difficult. Accused is
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C. C. No. 1078 PW 2024 State Vs Rajendra
CNR-MHMM18-002561-2024
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 Mr. Rishabh Manish Dubey, 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 – 19.03.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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