Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 1499 PW 2024 State Vs Ashish
CNR-MHMM18-004487-2024
ORDER BELOW EXH.5
(B.A.No.1904 of 2024)
1. Perused record. Heard both the sides.
2. This is the second application is filed for bail under Section 437 of
Code of Criminal Procedure, by accused Mr. Ashish Amruitlal Deohare.
His first application was rejected by this court before filing of charge
sheet. By way of this application applicant sought bail mainly on the
grounds that investigation relating to him is over. Now charge sheet is
filed and substantial evidence has already been collected. Applicant is
innocent and falsely implicated in the matter though he is not in anyway
connected with the allegations. He is ready to remain abide by the
conditions. No offences, as alleged made out, etc.
3. Ld. A.P.P. objected to it stating that accusations are well founded.
The involvement of the accused transpired and there is sufficient
evidence against him. Accused is resident of other State. There is
possibility of absconding and tampering of evidence.
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.11,65,000/-. The investigation is over
and charge sheet already filed. The charge sheet reflects that an amount of
Rs.8 lacs has been transferred to the account of accused. The said amount
has already been frozen. His connection with the allegations appears
remote. Accused is permanent resident of Madhya 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.
Accused is ready to remain abide by the conditions, if any, imposed, etc.
As informed there are dependents on him.
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C. C. No. 1499 PW 2024 State Vs Ashish
CNR-MHMM18-004487-2024
5. The possibility of commencement of trial and it’s conclusion
appears difficult. In view of above discussed facts and circumstances,
grounds assigned and nature of the offence it is clear that further pre-trial
detention is not justified. 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.30,000/-. Permission granted to deposit cash security instead of surety
bond.
c. Accused shall furnish his detail address and proof thereof.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 19.04.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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