Interim Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 2197 PW 2023 State Vs Sumit and anr.
CNR-MHMM18-009262-2023
ORDER BELOW BAIL APPLICATION NO. 4734/2023, Exh.5
1. Perused record. Heard both the sides.
2. This is an application under Section 437 of Code of Criminal
Procedure, for bail. Accused prayed for bail mainly on the ground that he
is innocent. Investigation relating to him is over. Charge sheet already
filed. No evidence found against him. He is ready to remain abide by the
conditions, if any, imposed, etc. Ld. A.P.P. objected to it stating that
allegations are serious as high amount involved. The role of the accused
is transpired as certain amount is transferred in his account. He is resident
of other State. He is having criminal antecedents of same nature, etc.
therefore, application shall be rejected.
3. The summary of the first information report, is that some unknown
persons approached informant and under the pretext of providing good
returns incited her to invest an amount of Rs.10,67,220/- by completing
certain tasks.
4. The record of investigation reflects that accused is not directly
connected with the allegations. He is arrested just because an amount of
Rs.25,000/- is transferred to his account. The investigation reflects same
thing and whole charge sheet shows that except this evidence there is
nothing to connect the applicant with the allegations. It is also noticed
that he himself can be said to be victim to some limited extent. Therefore,
there appears doubt about his actual involvement in the alleged act.
5. Accused is in custody since 06.10.2023. The investigation relating
to him is over and charge sheet already filed. Other accused persons are
already on bail. The evidence is of electronic and documentary nature,
mainly in custody of the third persons. As such possibility of tampering is
almost nil. Offence is triable by this Court itself. Accused is ready to
remain abide by the conditions. The conclusion of trial will take much
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C. C. No. 2197 PW 2023 State Vs Sumit and anr.
CNR-MHMM18-009262-2023
time. In the mean time pre-trial detention not justified. Accused is ready
to deposit the amount of Rs.25,000/- transferred in his account.
Considering all these aspects and facts and circumstances and reasons
assigned in the bail application following order-
ORDER
a. Application is allowed.
b. Accused Mr. Sumit Satishchandra Gupta, is released on bail on his
furnishing P.B. and S.B. of Rs.15,000/- and depositing Rs.25,000/- (Rs.
Twenty Five Thousands only) in the court. Permission granted to deposit
cash security instead of surety bond.
c. Accused person shall furnish his detail address and proof thereof.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 12.12.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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