Interim Order 2

Order Details: Bail Order
Pdf Text: C. C. No. 878 PW 2023 State Vs Dhakadram
CNR MHMM18-003649-2023
ORDER BELOW BAIL APPLICATION
1. Perused record. Heard both the sides.
2. The present application is filed under Section 437 of Code of
Criminal Procedure, for bail. The first application before filing of the
charge sheet was rejected. This is second application, filed after filing of
the charge sheet, mainly on the grounds that accused arrested only on the
ground of suspicion. During investigation there found nothing against
him. No role attributed to accused. His email was misused by unknown
persons. He is permanent resident of Rajasthan and working in a hotel. He
is ready to remain abide by the conditions. Now investigation is over.
Therefore, he shall be released on bail.
3. Ld. A.P.P. objected to it stating that allegations are serious. Though
investigation completed as there transpired active role of the accused, bail
can not be granted. Accused found to be involved in the other crimes of
the same nature. There is possibility of absconding and tampering.
Therefore, bail application shall be rejected.
4. It is alleged that accused sent email to a film celebrity and
threatened him to kill. He acted on behalf of a gangster, who is in jail. The
record reflect that accused arrested only on the ground that email ID from
which the mail was sent to celebrity is registered in the name of the
accused and his mobile number is connected to it with the record of
service provider. The material pertaining to said fact is already collected.
The charge sheet shows that there is nothing found to connect the accused
with the other persons, on whose behalf he is allegedly sent disputed mail.
5. The evidence collected is collected from the custody of third
persons. It is mainly in the form of electronic record, which is in custody
of those third persons i.e. service providers. Thus, possibility of tampering
is almost nil.
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C. C. No. 878 PW 2023 State Vs Dhakadram
CNR MHMM18-003649-2023
6. Accused is of tender age, seems to be from poor family and he is
permanent resident of Rajasthan. He is ready to remain abide by the
conditions. Offence is triable by this Court itself. The conclusion of trial
will take much time. The apprehension expressed by Ld. A.P.P. can be
addressed by imposing certain conditions. 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. Dhakadram Ramlal Siyag, is released on bail on his
furnishing P.B. and S.B. of Rs.30,000/-. Permission granted to deposit
cash security instead of surety bond.
c. Accused person shall furnish his detail address and proof thereof.
d. Accused shall not leave India, without prior permission of this
court and furnish mobile numbers of his parents and himself and change
of address, if any.
MUMBAI (KOMALSING RAJPUT)
DATE – 02.06.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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