Interim Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 1889 PW 2024 State Vs Ketab Ali and ors.
CNR-MHMM18-007749-2024
ORDER BELOW BAIL APPLICATION, EXH.5
1. Perused record. Heard both the sides.
2. The present application is filed after filing of charge sheet by
Accused No.1, Mr. Ketab Ali Biswas, under Section 437 of Code of
Criminal Procedure, for bail mainly on following grounds -
a. Allegations are baseless. Applicant is falsely implicated and have no
concern with the allegations. He is innocent and has not committed any offence.
b. Accused is permanent resident of Mumbai and law abiding citizen.
c. He is the victim and not aware about the intention of Mr. Rupesh Bhupendra
Singh (other accused) and other person who used his account under the pretext of
providing loan for applicant for his business.
d. The entire crime was executed by them. There attributed no role to accused
and he has been falsely implicated.
e. Applicant is in custody since 26.02.2024, investigation relating to him is
over and charge sheet already filed.
f. The bail is a rule and jail is an exception. Applicant also relied on several
judgments of Supreme Court and pleaded that he will remain abide by the conditions,
if released on bail.
g. The entire material collected does not inspire confidence. Allegations made
without any cogent and reliable evidence.
3. The Ld. A.P.P. objected to it stating that accusations are based on
cogent material. An amount of Rs.39,36,340/- has been transferred to the
account of applicant/accused. The amount involved in the matter is very
high. The main accused person not yet arrested. There is possibility of
absconding and tampering.
4. The submissions of both the parties are in tune with their respective
contentions.
5. The summary of the allegations is that certain unknown persons
lured informant of huge profits and fraudulently obtained from him an
amount of Rs.3,61,76,426/-. The record shows that during investigation
Page - 1/2
-- 1 of 2 --
C. C. No. 1889 PW 2024 State Vs Ketab Ali and ors.
CNR-MHMM18-007749-2024
those unknown persons and present arrested accused persons, were
actively involved in this act. An amount of Rs.39,36,340/- has been
transferred to the account of present applicant.
6. Applicant contended that the said account was used by another
accused and he is unaware of the happenings about transactions done by
those persons using his account. Such submission is however
unacceptable. There is nothing on record to substantiate his claim of
innocence. The total amount involved is very high. The main accused
persons are yet to be arrested. The investigation though completed to
certain extent the whole evidence is not yet collected. The said evidence
is mainly in the form of electronic record. The possibility of tampering
and absconding can not be ruled out.
7. Thus, if grounds assigned compared with the interest of
prosecution, balance tilts in favour of prosecution. No case of bail made
out. Accordingly, following order -
ORDER
Application is rejected.
MUMBAI (KOMALSING RAJPUT)
DATE – 13.06.2024 M.M., 12TH COURT, BANDRA, MUMBAI
Page - 2/2
-- 2 of 2 --