Final Order 1

Order Details: Bail Order
Pdf Text: COMMON ORDER BELOW FOLLOWING BAIL APPLICATIONS
1. The present common order is passed in following bail applications,
in following eleven crimes, registered with Cyber P.S. West Division,
B.K.C., Mumbai, mainly for offences punishable under Sections 204, 205,
318(4), 319(2), 336(2), 336(3), 338 and 340(2) of Bharatiya Nyaya Sanhita,
2023 (or parallel provisions of Indian Penal Code) and Sections 66-C and
66-D of Information Technology Act, 2012 -
Sr. No. C. C. No.
(Amount involved)
C.R. No. B. A. No.
1 752 PW 2025
(Rs.18,91,223/-)
133 of 2024 1118 of 2025 (CNR No.MHMM18-005031-2025)
2 753 PW 2025
(Rs.14,05,000/-)
136 of 2024 1126 of 2025 (CNR No.MHMM18-005016-2025)
3 754 PW 2025
(Rs.7,46,87,368/-)
193 of 2024 1121 of 2025 (CNR No.MHMM18-005025-2025)
4 755 PW 2025
(Rs.84,64,000/-)
287 of 2024 1125 of 2025 (CNR No.MHMM18-005018-2025)
5 756 PW 2025
(Rs.14,65,000/-)
333 of 2024 1123 of 2025 (CNR No.MHMM18-005021-2025)
6 758 PW 2025
(Rs.15,69,500/-)
349 of 2024 1122 of 2025 (CNR No.MHMM18-005023-2025)
7 757 PW 2025
(Rs.1,01,46,000/-)
365 of 2024 1117 of 2025 (CNR No.MHMM18-005014-2025)
8 759 PW 2025
(Rs.25,50,000/-)
374 of 2024 1119 of 2025 (CNR No.MHMM18-005029-2025)
9 760 PW 2025
(Rs.1,20,00,000/-)
377 of 2024 1102 of 2025 (CNR No.MHMM18-004969-2025)
10 761 PW 2025
(Rs.14,01,000/-)
380 of 2024 1124 of 2025 (CNR No.MHMM18-005020-2025)
11 762 PW 2025
(Rs.82,94,000/-)
396 of 2024 1120 of 2025 (CNR No.MHMM18-005026-2025)
Summary of grounds pleaded for bail
2. By way of these eleven applications filed under Section 480 of
Bharatiya Nagarik Suraksha Sanhita, 2023 (or under Section 437 of Code
of Criminal Procedure), for bail, accused contended that he is innocent and
falsely implicated in the matter. He was working as courier boy with Mr.
Vivek and other persons as he was in need of job. He never had any
criminal intention. He neither gained anything nor cheated anybody. He has
no criminal record. Charge sheet reflects nothing against him. He is
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permanent resident of Gujarat and ready to remain abide by the conditions.
He is the only bread winner of his family. The bail is rule and jail is an
exception. Considering this legal position and grounds assigned, accused
prayed for bail.
Objections of Ld. A.P.P.
3. Ld. A.P.P. objected to these bail applications stating that amount
involved is high. Direct connection of the accused noticed with the
allegations. Accused is involved in several other crimes registered at other
places. There is every possibility of repetition of crime and his absconding.
Therefore, application shall be rejected.
Submissions
4. The submissions of both the parties are in tune with the above
grounds for bail and objections raised. Therefore, there is no need of it’s
repetition.
Summary of allegations in each matter
5. If we considered the nature of main allegations and role attributed to
accused it can be summarized in a sense that unknown persons called
informants in above referred crimes and lured them under the pretext of
good returns within short span of time to invest the amounts mentioned
above. Thereby those unknown persons committed fraud on informants and
obtained huge amounts, as mentioned above. During investigation those
unknown persons not traced, but it is transpired that the present
accused/applicant was found in custody of several bank kits having debit
cards and other documents, to be delivered to third persons. Therefore, he
has been arrested and detained.
Merits of the matter
6. After going through the record of investigation in all these matters, it
is found that the only allegation against the accused is that in his custody
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several kits containing debit cards and other bank documents of several
bank accounts in which considerable part of the amount has been
transferred, were found. The record further reflects that he is not in anyway
connected with either obtaining the amounts from the informants or
receiving any of those amounts. It is submitted by accused that he was
working as courier boy with Mr. Vivek and other persons, who are
absconded accused persons, as he was in need of job. He never had any
criminal intention, and neither gained anything nor cheated anybody. If the
evidence collected and the facts transpired from this record, these
submissions considered, there found substance in these submissions. As
such his actual involvement can be doubted, at least, to the extent of
considering these bail applications.
7. The investigation in all these matters is now over. Accused is in
custody for about six months. He is ready to remain abide by the
conditions. Further, he is permanent resident of Gujarat. His wife is
practicing advocate at Surat, Gujarat. Except these matters and some of the
other matters of the same nature filing during same time span, there found
no other criminal record against him. It is also informed that bail has
already been granted in all the other matters filed against him.
8. The evidence in all the matters is of electronic and documentary
nature, which is already collected and in custody of the third persons. As
such possibility of tampering is almost nil. Offence is triable by this Court
itself. The conclusion of trial will take much time. Pre-trial detention can
not be said to be justifiable in view of these merits of the matter.
Considering all these aspects, grounds assigned for bail and considering
principles of bail jurisprudence, following order -
ORDER
a. All the applications are allowed.
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b. Accused is released on bail on his furnishing separate P.B. and S.B.
of Rs.30,000/-, in each matter. Permission granted to deposit cash security
in substitution of surety bond.
c. Accused shall furnish his detail address and proof thereof separately
in each matter.
d. Accused shall inform his change of address, if any, occurs.
e. Copy of this order shall be kept in all the matters.
MUMBAI (KOMALSING RAJPUT)
DATE – 02.05.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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FURTHER ORDER
a. Perused record. Heard Ld. Advocate for the accused/applicant. Heard
Ld. A.P.P.
b. By way of separate applications the accused sought reduction of bail
amount stating that her family members are not in a position to pay the
amount ordered as it is crossing Rs.3 lacs, due to other expenses they are
incurring on account of ailment of the mother of applicant and other
responsibilities. There appears substance in the submissions as
documentary evidence produced. So also accused was in custody in other
matters and furnished bail there also. The order passed by this court shall
not be onerous and should be effectively implemented as liberty of the
accused is at stake.
c. Considering these peculiar facts and the number of matters in which
bail is to furnish, the amount of surety bond or cash security to be furnished
is reduced from Rs.30,000/- to Rs.15,000/-, in each matter, subject to
compliance of other conditions.
MUMBAI (KOMALSING RAJPUT)
DATE – 07.05.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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