Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 302 N 2025 Baiju Vs State
CNR-MHMM18-006838-2025
ORDER BELOW EXH.1
1. The applicant/informant, in C.R. No.183/2025 registered with
West Regional Cyber Police Station, B.K.C., Mumbai, has filed this
application to defreeze/release the part amount Rs.5,00,666/- to his
account. Perused application, say of I.O. and Ld. A.P.P. Heard Ld.
Advocate for applicant and Ld. A.P.P.
2. It is alleged that the accused have induced the applicant to
invest Rs.19,50,000/- in the account of fake investment App.
Accordingly, by clicking on the link provided by the accused
Rs.19,50,000/- was debited from the account of applicant. Upon
realizing the fraud the applicant has lodged the F.I.R. with West Region
Cyber Police Station, B.K.C. The F.I.R. was registered and cyber police
station has freeze total Rs.5,00,666/- in the account
Nos.20100048064302 Bandhan Bank (Rs.4,50,964), 39510100023459
Bank of Baroda (Rs.49,035/-), 10000100013680 Bank of Baroda
(Rs.461/-) and 50100701453905 HDFC Bank (Rs.206/-) transferred
from the account of applicant.
3. Till date the accused are not traced out. Ld. A.P.P. has
submitted that the police could not trace out the accused. The statement
of account of applicant shows that total Rs.19,50,000/- is debited from
his bank account. The I.O. has no objection to transfer the freeze amount
to the applicant. Ld. A.P.P. has orally submitted to pass the necessary
order. Except applicant, no one has claimed the freeze amount. The
applicant is in need of money. If said amount is not released, it will
remain unused and the applicant will suffer irreparable loss. Said
amount can be released in favour of applicant on a condition to execute
the Indemnity Bond by him to deposit the said amount as and when
required by this court. Hence, I am of the view that the applicant is
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Notice Case No. 302 N 2025 Baiju Vs State
CNR-MHMM18-006838-2025
entitled to get the above freeze amount. Accordingly, I proceed to pass
the following order -
ORDER
a. The application is allowed.
b. The concerned Nodal Officers of banks/branches mentioned
above are directed to defreeze and transfer the above amount in the
account of applicant Mr. Baiju Kiranchandra Dalal, bearing Account
No.001101566166, maintained with ICICI Bank, Andheri West Branch,
Mumbai, having it’s IFSC Code ICIC0000011 immediately.
c. The concerned Investigating Officer shall also brought the
above order to the notice of concerned banks and request them to
transfer the amounts lying in those accounts, in an account maintained
by the applicant mentioned in the application, after executing indemnity
bond of Rs.6,00,000/- (Rupees Six Lacs only) before respondent.
MUMBAI (GIRISH S. MANE)
DATE – 17.06.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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