Final Order 1

Order Details: Bail Order
Pdf Text: B. A. No. 945 of 2025
CNR No.MHMM18-004069-2025
B. A. No. 956 of 2025
CNR No.MHMM18-004088-2025
COMMON ORDER BELOW BAIL APPLICATIONS
(Along with order on application for return of property)
IN C. R. NO.398/2025 (Bandra P.S.)
1. By way of both these applications, filed under Section 480 of Bharatiya
Nagarik Suraksha Sanhita, for short B.N.S.S., the accused persons sought bail
contending that they are innocents and falsely dragged into matter. The
investigation is over. They are ready to remain abide by the conditions. The
property already recovered, besides other grounds.
2. Investigating Officer and Ld. A.P.P. objected to bail applications
mainly on the grounds that allegations are serious. Huge stake involved.
Investigation is incomplete. Active role of both the applicants transpired in
the matter. There is possibility of tampering and absconding of accused, etc.
Hence, applications shall be rejected.
3. At the same time the informant/victim also filed application for return
of property, seized during investigation. Ld. A.P.P. and Investigating Officer
has not objected to this prayer. Accused persons also submitted that they had
no objection to return the articles seized.
4. It is alleged that an unknown person entered into the house of
informant and stolen several articles and certain cash, totaling of value of
about Rs.2 crores Plus. Investigation started and it is transpired that applicant
Mr. Arya Pratap Nag @ Deepak Pratap Dhru, committed the act and kept the
valuables with applicant Mr. Ravindrakumar Gupta @ Salman Shaikh.
5. During investigation almost all the property allegedly stolen has been
recovered at the instance of applicant Mr. Arya Pratap Nag, from the custody
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of Mr. Ravindrakumar Gupta. As such it can not be said that applicants are
innocent. The applicant Mr. Ravindrakumar, submitted that he was not aware
of the booty, kept with him. Such statement in respect of huge stake involved,
can not be accepted and it can not be said that he is absolutely innocent.
6. The investigation is incomplete. Stake involved is high. One of the
applicant is having criminal antecedents. Both are residents of other States.
There is every possibility of tampering and absconding. Considering
seriousness of the matter, it’s stage and other facts and circumstances none of
the reasons assigned justifies the bail prayer, therefore, both the applications
needs to be rejected.
7. At the same time in view of no objection given by Ld. A.P.P. and
Investigating Officer, it can be inferred that investigation relating to property
seized is over. Considering this aspect and reasons assigned in an application
for return of property, it needs to be allowed.
8. In view of above observations following order -
ORDER
a. Both the bail applications rejected.
b. The application filed by informant Mr. Samarth Suresh Bajaj, is
allowed and the Investigating Officer/P.S.O. Bandra, Mumbai, is herewith
directed the custody of all the articles and cash seized to the informant on his
executing Indemnity Bond of Rs.2 crores, before Investigating Officer.
c. All the above applications disposed off.
MUMBAI (KOMALSING RAJPUT)
DATE – 07.04.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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