Order 3

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.14
1. Perused record. Heard both the sides. Perused written notes of
arguments.
2. This is second bail application filed by the present
applicant/Accused No.1, Mr. Ketab Ali Biswas, after filing of charge
sheet under Section 437 of Code of Criminal Procedure, for bail after his
first application, Exh.5, was rejected on 13.06.2024, mainly on following
grounds -
a. Allegations are false, fabricated, bogus and concocted.
b. Accused is in custody since 26.02.2024 and illegally detained.
c. Accused No.3, Mrs. Nisha, is already released on bail by this court.
d. The applicant is businessman, he is innocent and has no connection with the
allegations.
e. He earns good respect in society and having no criminal antecedents. He is
only bread earner of his family and ready to remain abide by the conditions.
3. The Ld. A.P.P. objected to it stating that this is a second bail
application, when first is already rejected even after filing of the charge
sheet. The huge stake is transferred into the account of applicant/accused.
The amount involved in the matter is very high. There is possibility of
absconding and tampering, etc.
4. The submissions of both the parties are in tune with their respective
contentions. There is no need of it’s repetition.
5. As stated in previous bail application order, 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 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.
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C. C. No. 1889 PW 2024 State Vs Ketab Ali and ors.
CNR-MHMM18-007749-2024
6. In this second application, the Ld. Advocate submitted that
applicant is innocent. His documents were fraudulently used by another
accused Mr. Rupesh Singh, who is already in custody in this matter and
as such the applicant is unaware of the happenings about transactions
done by those persons using his account. As much has already been
discussed in previous order and it is already concluded that the said
submission is unacceptable and as there is nothing on record to
substantiate this claim of innocence.
7. As observed in previous order and at the cost of repetition it is
necessary to mention that 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.
8. Much has been submitted on bail jurisprudence and about the
innocence of the accused. But record is against those contentions. As
observed above the previous bail application was rejected by this court on
13.06.2024 and then immediately on 04.07.2024, the present application
has been filed. There found no substantial change of circumstances in this
very short span of intervening time. On this ground also application can
not be entertained.
9. The summary of these observations leads to inference that the
application not tenable as no case of bail made out, hence following
order-
ORDER
Application is rejected.
MUMBAI (KOMALSING RAJPUT)
DATE – 22.07.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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