Interim Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 2367 PW 2023 State Vs Raju
CNR-MHMM18-010090-2023
ORDER BELOW BAIL APPLICATION, Exh.
1. Perused record. Heard both the sides.
2. The present application is filed for bail under Section 437 of Code
of Criminal Procedure, by accused Mr. Raju Narsappa Kondal, 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
tender 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, active role
of accused noticed in the allegations. Investigation though completed
there is possibility of tampering and absconding. The main accused is 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 completing certain tasks
and defrauded to the extent of Rs.67 lacs. 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.23 lacs has been
transferred to the bank account of the company owned by him.
5. If we go through the record of investigation the charge sheet only
constitutes of three documents, i.e. First Information Report, Arrest
Panchanama and certain prints of chats on social media and bank
documents. In those documents there found nothing to connect the
accused with the allegations. After deep scrutiny it is noticed that certain
amount seems to be transferred into the account of company allegedly
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C. C. No. 2367 PW 2023 State Vs Raju
CNR-MHMM18-010090-2023
owned by the accused, as such his connection with the allegations are
very remote. There found nothing in the charge sheet to connect the
accused with the allegations as to justify his further detention.
6. Accused is in custody since long. 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.
7. The possibility of commencement of trial and it’s conclusion
appears difficult. Accused is of tender 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.
8. 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.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 – 24.06.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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