Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 1347 PW 2023 State Vs Arif and anr.
CNR MHMM18-005341-2023
COMMON ORDER BELOW BAIL APPLICATION, EXHS.4 AND 5
1. Perused record. Heard both the sides.
2. These applications filed under Section 437 of Code of Criminal
Procedure, for bail. Accused persons prayed for bail mainly on the grounds
that they are innocent. Investigation is over and charge sheet already filed.
There found no connection between them and alleged act. The role
attributed them is not much serious. They themselves are victims. They are
of tender age and are ready to remain abide by the conditions, if any,
imposed, etc.
3. Ld. A.P.P. objected to it stating that offence is serious. There found
ample evidence against applicants during investigation. The amount
involved is high. There is possibility of absconding of accused and
tampering of evidence. Therefore, applications shall be rejected.
4. The submissions of both the parties are in tune with their respective
contentions.
5. The summary of the allegations, is that informant was lured by
unknown persons showing some sexual contents through mobile phone
through unknown links. Later on an amount of Rs.11 lacs+ was extorted
from him. The offence was registered and during investigation it is also
revealed that present applicants and other persons were involved in these
acts of sextortion. During investigation it is transpired that the mobile
numbers registered in the name of present applicants were used for
extorting money from the informant. The accused persons were also found
to be involved with main accused persons. Therefore, accused arrested.
6. During investigation all the relevant material found to be collected.
The record of investigation reflects that the mobile numbers registered in
the name of accused persons were used. The main persons who executed
sextortion are not yet arrested. The accused persons are of tender age and
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C. C. No. 1347 PW 2023 State Vs Arif and anr.
CNR MHMM18-005341-2023
are laborers. They can be said victims to some limited extent. Therefore,
there appears doubt about their actual involvement in the alleged acts.
7. Accused are in custody since long. The investigation relating to them
is over and charge sheet is already filed. 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 are ready to remain abide by the conditions. The conclusion of
investigation, filing of charge-sheet and consequent conclusion of trial will
take much time. Considering all these aspects and facts and circumstances
and reasons assigned in the bail application following order-
ORDER
a. Application is allowed.
b. Accused persons Mr. Arif Jakir Khan and Mr. Ramveer Ramesh
Prajapati, are released on bail on their furnishing P.B. and S.B. of
Rs.30,000/- each. Permission granted to deposit cash security instead of
surety bond.
c. Accused person shall furnish their detail addresses and proofs
thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 08.09.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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