Interim Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 2126 PW 2024 State Vs Himanshu
CNR-MHMM18-008854-2024
ORDER BELOW BAIL APPLICATION, Exh.3
1. Perused record. Heard both the sides.
2. The present application is filed for bail by accused Mr. Himanshu
Kunjbihari Thakor, 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. Accused is of young age and only earning member.
He is ready to remain abide by the conditions, if any, imposed, etc.
3. Ld. A.P.P. objected to it stating that offence is serious.
Investigation though completed there is possibility of tampering and
absconding. The other accused persons are not yet arrested, etc. therefore,
application shall be rejected.
4. It is alleged that informant was lured by some unknown persons
under the pretext of providing good returns for investment and defrauded
to the extent of Rs.11,08,100/-. The investigation is over and charge sheet
already filed. The charge sheet reflects that applicant/accused is not
directly connected with the allegations. He was arrested and is in jail
because certain amount of Rs.10,80,000/- has been transferred to his bank
account from unknown source. The said amount is already seized. There
found no direct role attributed to him connecting with informant or acts
leading to fraud. As such the connection of the accused with allegations
seems remote. Accused is permanent resident of Madhya Pradesh. 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.
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C. C. No. 2126 PW 2024 State Vs Himanshu
CNR-MHMM18-008854-2024
5. Accused is in custody since 17.04.2024. Charge sheet already filed.
The possibility of commencement of trial and it’s conclusion within short
span of time appears difficult. Accused is of young age and as informed
there are 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.25,000/-. Permission granted to deposit cash security instead of surety
bond.
c. Accused shall furnish his detail address and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 29.08.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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