Final Order 1

Order Details: Bail Order
Pdf Text: B.A.No.619 of 2025
CNR No.MHMM18-002671-2025
ORDER BELOW BAIL APPLICATION
IN C. R. NO.312/2024 (Cyber P.S. West Division)
1. Perused record. Heard both the sides.
2. This is an application under Section 480 of Bharatiya Nagarik Suraksha
Sanhita, 2023, for bail. Accused prayed for bail mainly on the ground that he
is poor and innocent. Investigation relating to him is over. He is ready to
remain abide by the conditions, if any, imposed, etc. Say not filed by
Investigating Officer. Ld. A.P.P. objected to it stating that offence is serious,
huge amount involved, there is possibility of tampering, etc.
3. The summary of the first information report, is that informant was lured
by unknown persons to deposit amount in securities under the pretext of
providing good returns for investment and duped by them to the tune of
Rs.1.60 crores.
4. The record of investigation reflects that accused is not directly
connected with the allegations. He arrested just because some amount of
about Rs.7,80,000/- transferred to his account. It is noticed that just amount is
transferred in his account and he is not in anyway connected with the main
allegations. Therefore, there appears doubt about his actual involvement in the
alleged acts.
5. Accused is in custody since 27.02.2025. The investigation relating to
accused seems over. The evidence is of electronic and documentary nature.
Mainly in custody of the third persons. As such possibility of tampering is
almost nil. Offence is triable by this Court itself. Accused is ready to remain
abide by the conditions. He is also ready to deposit the amount of Rs.2 lacs,
out of the total amount transferred in his account. The conclusion of
investigation, filing of charge-sheet and consequent conclusion of trial will
take much time.
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6. Considering all these aspects and facts and circumstances and reasons
assigned in the bail application following order-
ORDER
a. Application is allowed.
b. Accused Mr. Bijendra Nathuram Gothwal, is released on bail on his
furnishing P.B. and S.B. of Rs.15,000/- and depositing Rs.2,00,000/- (Rs.
Two Lacs only) in the court. Permission granted to deposit cash security
instead of surety bond.
c. Informant is at liberty to withdraw the amount of Rs.2,00,000/-
deposited by the applicant.
d. Accused shall furnish his detail address and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 04.03.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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