Order 2

Order Details: Bail Order
Pdf Text: C. C. No. 1889 PW 2024 State Vs Ketab Ali and ors.
CNR-MHMM18-007749-2024
COMMON ORDER BELOW BAIL APPLICATIONS, EXHS.7 AND 8
1. Perused record. Heard Ld. Advocate Mr. Siddharth Pimpale, for the
applicants and Ld.A.P.P. Shri. Prasad Joshi, for the prosecution.
2. Both these applications filed by accused persons Mr. Rupesh
Bhupendra Singh and Mrs. Nisha Rambali Yadav, under Section 437 of
Code of Criminal Procedure, for bail. The grounds assigned by both these
applicants can be summarized as follows -
a. That arrest is illegal and further detention are not justified.
b. No offences of cheating and forgery made out.
c. Accused are innocents and falsely implicated.
d. There is no evidence more particularly admissible evidence collected by
prosecution during investigation.
e. The evidence already collected and the investigation is now over and charge
sheet already filed.
f. The hardware, software and other evidence already collected.
g. Accused are ready to remain abide by the conditions.
h. There is no point in keeping the accused persons in further detention as the
bail jurisprudence does not justify so, etc.
3. The Ld. A.P.P. objected to it stating that offence is serious. Though
investigation is over prima facie involvement of the accused persons
noticed. The amount involved is very high. Accused operated and
defrauded the informant. The accused are also involved in other offences
of same nature. There is possibility of tampering and absconding.
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 certain unknown persons
lured informant of huge profits and fraudulently obtained from him an
amount of Rs.3,61,76,426/-. After commencement of investigation it is
Page - 1/3
-- 1 of 3 --
C. C. No. 1889 PW 2024 State Vs Ketab Ali and ors.
CNR-MHMM18-007749-2024
transpired that one of the account was found to be opened in the name of
accused Mr. Ketab Ali Kabil Biswas. The said account was operated by
one of the applicant/accused Mr. Rupesh Bhupendra Singh and was
opened with the help of applicant/accused Mr. Nisha Rambali Yadav. Out
of the total amount of Rs.3,61,76,426/-, an amount of Rs.39,36,340/-, has
been transferred in the said account.
6. From this record it can be said that the connection of both the
accused/applicants is limited to this amount only and are connected to
certain limited extent. If we go further with the material collected, it
shows that one of the accused/applicant Mr. Rupesh Singh, has done
almost all the transactions by using the account of another accused Mr.
Ketab Ali. The accused/applicant Mrs. Nisha Rambali Yadav, allegedly
just helped him to open the said account. Thus, though the role of
accused/applicant Mr. Rupesh Singh, is somewhat active, very remote
connection of the applicant/accused Mrs. Nisha Rambali Yadav,
transpired. It means both these applicants can not be put on same footing.
7. If we go further with the material collected it reflects that both the
accused persons were in touch with the main offenders, but applicant Mr.
Rupesh Singh, was found to be actively involved in defrauding the
informant. He is also found to be involved in other offences of same
nature as well.
8. Now the investigation is over. Charge sheet has already been filed.
The evidence is of such a nature that possibility of tampering is almost
nil. If these aspects compared with the amount involved and role
attributed to each of the applicants with the grounds assigned it can be
inferred that bail can not be granted to accused Mr. Rupesh Bhupendra
Singh. However, as less serious role of another applicant/accused Mrs.
Nisha Yadav, transpired her bail prayer can be considered.
Page - 2/3
-- 2 of 3 --
C. C. No. 1889 PW 2024 State Vs Ketab Ali and ors.
CNR-MHMM18-007749-2024
9. Further she is woman. She is resident of Mumbai itself and ready to
remain abide by the conditions. She is already on bail in other matters.
Therefore, in view of above discussion, grounds assigned and the nature
of the allegations, following order -
ORDER
a. Application, Exh.8, filed by applicant/accused Mrs. Nisha Rambali
Yadav, is allowed and she is released on bail on her furnishing P.B. and
S.B. of Rs.30,000/-. Permission granted to deposit cash security instead of
surety bond.
b. She shall furnish her detail address and proof thereof.
c. Application, Exh.7, filed by applicant/accused Mr. Rupesh
Bhupendra Singh, is rejected.
MUMBAI (KOMALSING RAJPUT)
DATE – 26.06.2024 M.M., 12TH COURT, BANDRA, MUMBAI
Page - 3/3
-- 3 of 3 --