Order 1

Order Details: Bail Order
Pdf Text: ORDER BELOW BAIL APPLICATION
B.A. NO. 162/2022 IN C. R. NO. 47/2019 (Bandra P.S.)
1. Perused record. Heard both the sides.
2. The present application is filed under Section 437 of Code of
Criminal Procedure for bail mainly on the ground that accused is innocent
and falsely implicated in the matter. He is in jail since 05.10.2019. The
investigation is over and there found no evidence against him in the
charge sheet. Majority of the accused are already on bail. Accused is a
labourer and only earning member of his family. He is ready to remain
abide by the conditions, etc. The Ld. A.P.P. objected to it mainly on the
grounds that offence is cognizable and non-bailable. There found
substantial evidence against him in the charge sheet. Accused is resident
of the place situated beyond the jurisdiction of this court, therefore,
application shall be rejected.
3. It is alleged that accused persons shaking hands with each other
duped victim to a certain amount under the pretext of providing V.V.I.P.
cell phone numbers. The First Information Report reflects that main
allegations are against Accused Nos.1 and 6. They are already on bail in
addition to the fact that other two accused persons are also released on
bail. The final report of investigation contains evidence only against those
accused persons and not against the present accused, who is in jail since
last two years or more. The possibility of commencement of trial and its
conclusion in future is quite remote. Accused is ready to remain abide by
the conditions, if any, imposed. The offence is triable by this court itself.
Considering all these aspects, reasons assigned in the bail application,
present pandemic situation and as the facts and circumstances leads to
inference that accused is from poor background and dependency factor
pleaded by him, following order -
ORDER
a. Application is allowed.
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b. Accused is released on bail on his furnishing P.B. and S.B. of
Rs.15,000/-. Permission granted to deposit cash surety instead of surety
bond.
c. Accused person shall furnish his detail address and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 24.01.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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