Final Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 1005 PW 2025 State Vs Bishwajeet
CNR-MHMM18-004980-2025
ORDER BELOW BAIL APPLICATION, EXH.5
(B. A. No.1280/2025, CNR No.MHMM18-005844-2025)
1. Perused record. Heard both the sides.
2. By way of this detailed application filed under Section 480 of
Bharatiya Nagarik Suraksha Sanhita 2023, the accused/applicant claimed
bail mainly on the ground that there found no role of the applicant in the
allegations. His very connections with the allegation is missing. There
found no link between the accused persons or the alleged acts. No
offences made out. The investigation is over. Applicant is having no
criminal antecedents. The possibility of tampering is nil. He is ready to
remain abide by the conditions, if any, imposed. The applicant heavily
relied on the bail jurisprudence and claimed that he is entitled to avail the
presumption of innocence, etc. therefore, he shall be released on bail.
3. The say of informant and Ld. A.P.P. called. The summary of the
objections raised is that the offence is serious. Huge amount involved.
There is enough material to connect the accused with the allegations.
There is possibility of absconding and tampering. Therefore, application
shall be rejected.
4. The summary of the first information report, is that informant
approached by certain unknown persons and arrested digitally,
personating that those persons are from various enforcement agencies.
The informant was coerced and an amount of Rs.21 lacs has been
extracted from him. The applicant/accused was arrested as it is transpired
the said amount has been transferred to his account. The record of
investigation reflects that, except this fact there found nothing against
him. The material lacks the direct connection of the applicant with the
allegations. As such there appears doubt about his actual involvement in
the act of arrest and extracting money.
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C. C. No. 1005 PW 2025 State Vs Bishwajeet
CNR-MHMM18-004980-2025
5. Accused is in custody since 29.01.2025. The investigation is over
and charge sheet already filed. The evidence is of electronic and
documentary nature, which is either collected or mainly in custody of the
third parties, over which accused is having no control. As such possibility
of tampering is almost nil. Offence is triable by this Court itself. Accused
is ready to remain abide by the conditions. It is also submitted that he has
no objection to transfer the amount of Rs.5 lacs lying in his account, to
the account of informant.
6. Apart from these merits of the matter, admittedly there is rule and
jail is an exception. The framing of charge and consequent conclusion of
trial will take much time. The presumption of innocence is always there.
Considering all these factual and legal aspects of the matter and grounds
assigned, the bail needs to be granted. Accordingly, following order -
ORDER
a. Application is allowed.
b. Accused is released on bail on his furnishing P.B. and S.B. of
Rs.20,000/-. One or two sureties or cash security in substitution of surety
bond is allowed.
c. The Investigating Officer shall do the needful and inform the
concerned bank to transfer the amount of Rs.5,00,000/- (Rs. Five Lacs
only) lying in the account of accused to the account of informant.
d. Accused shall furnish his detail address and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 26.05.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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