Interim Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 1933 PW 2024 State Vs Esowanne and anr.
CNR-MHMM18-008038-2024
ORDER BELOW BAIL APPLICATION, Exh.4
1. Perused record. Heard both the sides.
2. The present application is filed for bail under Section 437 of Code
of Criminal Procedure, by accused Mr. Esowanne Anthony
Chukwuemeka, mainly on following grounds that, applicant is innocent
and falsely implicated in the matter though he is not in anyway connected
with the allegations. No offences, as alleged made out. There found no
role of the applicant even after completion of the investigation and there
is no evidence against him. Investigation is over and charge sheet is
already filed. He is ready to remain abide by the conditions, if any,
imposed, etc.
3. Ld. A.P.P. objected to it stating that accused is found involved in
the allegations. Offence is serious. He is residence of Nigeria.
Investigation though completed there is possibility of tampering and
absconding. The main accused is not yet arrested, etc. therefore,
application shall be rejected.
4. It is alleged that informant was defrauded by unknown persons
under the pretext of payment of custom duty for gift sent by him from his
relative residing abroad and he suffered loss of an amount of
Rs.2,17,000/-. The investigation is over and charge sheet already filed.
Accused is in custody since long. The evidence produced shows his
remote connection with the allegations as email addresses of accused has
been allegedly used. He is ready to remain abide by the conditions. All
the witnesses are interested persons. Major evidence is in the form of
documentary and electronic record. It is already collected and as such
possibility of tampering is almost nil.
5. The possibility of commencement of trial and it’s conclusion
appears difficult. Accused is of tender age and as informed there are
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C. C. No. 1933 PW 2024 State Vs Esowanne and anr.
CNR-MHMM18-008038-2024
dependents on him. He is ready to remain abide by the conditions. In such
a situation pre-trial detention is not justified.
6. Considering all these aspects and facts and circumstances and
reasons assigned in the bail application the bail needs to be granted by
allowing the present application. Accordingly, following order -
ORDER
a. Application is allowed.
b. Accused is released on bail on his furnishing P.B. and S.B. of
Rs.15,000/-. Permission granted to deposit cash security instead of surety
bond.
c. Accused person shall furnish his detail address where he is residing
in India and shall not leave this country without prior permission of this
court.
MUMBAI (KOMALSING RAJPUT)
DATE – 15.06.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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