Interim Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 2110 PW 2024 State Vs HImanshu
CNR MHMM18-008779-2024
ORDER BELOW BAIL APPLICATION, EXH.6
1. Perused record. Heard both the sides.
2. This is an application under Section 437 of Code of Criminal
Procedure, for bail. Accused Mr. Himanshu Kunjbihari Nayak, prayed for
bail mainly on the grounds that he is innocent. Applicant obtained job and
came in contact with fraudsters. One of them Mr. Umesh Deshmuk,
obtained his documents and opened bank account in the name of applicant.
He used it for transferring the amount of fraud without having knowledge
of it to the applicant. Now investigation is over and charge sheet already
filed. There found no connection between him and alleged act. He is
permanent resident of Madhya Pradesh, just 29 years of age and living with
his single parent i.e. mother. He has no criminal antecedents. He is ready to
remain abide by the conditions, if any, imposed, etc.
3. Ld. A.P.P. strongly objected to it stating that offence is serious.
There found ample evidence against him during investigation. The amount
involved is high and accused is also involved in the other offences of same
nature. Huge amount transferred into the account of accused and it can not
be said that he has no knowledge of it. There is possibility of absconding of
accused and tampering of evidence. Therefore, application 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 the first informant through
social media came in contact with the investor and after obtaining her
services for advise in investment downloaded the mobile application.
Through said mobile application he invested an amount of Rs.4,58,00,000/-
(Rs. Four Crores and Fifty Eight Lacs). Within a very short span of time of
just two months the said application shown his profits gained upto
-- 1 of 2 --
C. C. No. 2110 PW 2024 State Vs HImanshu
CNR MHMM18-008779-2024
Rs.14,58,32,339.20/-. When informant tried to encash the profit he came to
know that he has been defrauded by those unknown persons. After
registration of First Information Report, it is found that substantial amount
to the tune of Rs.20,50,000/- has been transferred to the account of present
applicant out of the amount obtained from informant. It is also transpired
that the accused is involved in such other offences as well and total amount
of Rs.2 crore plus, has been transferred to his account from various places.
Thus, accused/applicant is actively involved into the allegations. The plea
of innocence and ignorance can not be said to be genuine.
6. The total amount involved in the present matter is very high.
Investigation though completed the role played by accused is serious.
Accused found to be involved in the other offences of same nature as well.
It is clear that accused intentionally allowed his account to be used by other
accused persons to gain some undue advantage. Other accused persons are
yet to be arrested. The material investigation though completed it is still
incomplete about remaining accused persons. There is possibility of
tampering and absconding of accused. The record clearly reflects that
accused committed the act with sole view to defraud the informant. If these
facts revealed during investigation, tilts balance in favour of prosecution
and disentitles applicant from bail. Considering above discussed facts and
circumstances and the nature of the allegations reasons assigned are not
justifiable to grant the bail to accused/applicant. Therefore, following
order-
ORDER
Application is rejected.
MUMBAI (KOMALSING RAJPUT)
DATE – 25.07.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
-- 2 of 2 --