Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 2039 PW 2024 State Vs Harsh
CNR-MHMM18-008454-2024
ORDER BELOW BAIL APPLICATION, EXH.
1. Perused record. Heard both the sides.
2. The first application filed by applicant/accused Mr. Harsh Rajesh
Parihar, was rejected by this court and now he again approached for bail
after filing of the charge sheet as per Section 437 of Code of Criminal
Procedure. It is contended that he is not in any way connected with the act
of fraud and falsely implicated. He himself has been victimized while
working for absconded accused Miss Aditi Kashyap, on commission
basis. He is in custody since long. Investigation is over and charge sheet
already filed. Even after filing of charge sheet there found no role of the
present applicant in the allegations. No case of forgery and cheating made
out against him. He is ready to remain abide by the conditions, if any,
imposed. There are dependents on him, etc.
3. Ld. A.P.P. objected to it stating that active involvement of the
accused has been transpired and he received substantial amount towards
commission. The other accused persons are yet to be arrested. The
investigation though completed it is only in respect of the present
applicant and it is in progress in respect of other absconded persons, as
such there is possibility of tampering, etc.
4. The summary of the submissions are in tune with their respective
contentions.
5. The summary of the allegations is that under the pretext of
receiving good returns for completion of certain task the informant had
been defrauded by unknown persons to the tune of Rs.19,73,850/-. The
record of investigation reflects that accused was making available certain
accounts for transferring of fraud to the absconded accused persons. It
can be said that he was not directly connected with the allegations.
Accused is in custody since long. Now investigation is over and charge
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C. C. No. 2039 PW 2024 State Vs Harsh
CNR-MHMM18-008454-2024
sheet also filed which reflects that there is limited role attributed to
applicant. No case of forgery and cheating, can also be attributed to him.
He is permanent resident of Mumbai, itself and there are dependents on
him. He is ready to remain abide by the conditions. The evidence is
mainly in the form of electronic record, which is already collected. As
such the possibility of tampering is almost nil. Accused has no criminal
antecedents.
6. The possibility of commencement of trial and it’s conclusion
appears difficult. In such a situation pre-trial detention is not justified.
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 Mr. Harsh Rajesh Parihar, 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 shall furnish his detail address and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 04.07.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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