Interim Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 2513 PW 2024 State Vs Hampreet Singh and anr.
CNR-MHMM18-010687-2024
ORDER BELOW BAIL APPLICATION, EXH.10
1. Perused record. Heard both the sides.
2. This is an application under Section 437 of Code of Criminal
Procedure, for bail, mainly on the following grounds -
i. The accused are innocent and falsely implicated
ii. They are in custody for sufficient time, investigation is over and charge
sheet already filed.
iii. Accused persons received nothing and their documents were misused
by some other persons.
iv. Accused No.1, is watchman and was having no knowledge of the
transaction. He is illiterate and himself is victim.
v. Accused No.2, is teacher and was unaware of trading, no amount has
been transferred to his account.
vi. There is no evidence against accused persons found during
investigation.
vii. Accused have no criminal antecedents, they belong to respected
families and ready to remain abide by the conditions, if any, imposed, etc.
3. The Ld. A.P.P. objected to it stating that offence is serious.
Amount involved is very high. Though investigation is completed the
other accused persons are yet to be arrested. Vital role of accused persons
transpired. There is possibility of tampering and absconding.
4. The summary of the first information report, is that informant was
lured by unknown persons under the pretext of providing good returns for
investment and duped for an amount of Rs.5,14,19,127/-. During
investigation the connection of both the applicants transpired. Therefore,
they were arrested. Now investigation is over and charge sheet has been
filed. The said charge sheet/record of investigation shows that for
transferring some part of amount the account of applicant Mr.
Humpreetsing, has been used and in his account an amount of
Rs.41,44,000/- has been transferred. Then said amount was again
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C. C. No. 2513 PW 2024 State Vs Hampreet Singh and anr.
CNR-MHMM18-010687-2024
transferred to the account of other persons, who were actually involved in
the act of fraud. Except this there is no role attributed to him. However,
charge sheet reflects that applicant Mr. Vimalprakash, was indirectly in
contact with main accused persons. He managed several bank accounts
for transfer of the amounts credited by the informant. His role appears
very active and he did several other acts as well for siphoning off the
money. Thus, role attributed to the said applicant is comparatively
serious.
5. In these background facts if we considered grounds pleaded for bail
accused persons can not be said to be innocent. However, these accused
persons/applicants played different role. As mentioned above the role
attributed to applicant Mr. Humpreetsing, is not much serious. Except the
transfer of amount of Rs.41,44,000/-, nothing attributed to him. The said
amount was again transferred to third person. He is watchman and not
much educated. As such it can be inferred that there is some substance in
his plea of innocence.
6. He is permanent resident of Virar, Dist. Palghar and ready to
remain abide by the conditions. The investigation is over and charge sheet
has already been filed. Said accused is ready to remain abide by the
conditions. Therefore, his bail plea can be considered.
7. However, the case of the applicant/Accused No.2, Mr.
Vimalprakash, stands on different footing. He found to be directly
connected with the main culprits who siphoned off an amount of Rs.5
crore plus. He did several other acts as well. Now a days cyber crimes
increased tremendously and hard earned money has been taken away by
defrauding innocent persons. Other persons, who are main accused, are
yet to be arrested. Investigation relating to them is incomplete.
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C. C. No. 2513 PW 2024 State Vs Hampreet Singh and anr.
CNR-MHMM18-010687-2024
8. The offence is serious. There is every possibility of tampering of
evidence. Therefore, the grounds pleaded, can not be said to be enough to
release the present applicant on bail, his bail prayer can not be allowed.
9. In view of above discussed legal and factual aspects of the matter,
following order -
ORDER
a. Application is partly allowed.
b. Applicant/Accused No.1, Mr. Humpreetsing Davindersing
Randhawa, is released on bail on his furnishing P.B. and S.B. of
Rs.30,000/-. Permission granted to furnish more than one surety for the
said amount or deposit cash security in substitution of surety bond.
c. He shall furnish his detail address and proof thereof.
d. The bail prayer of applicant/Accused No.2, Mr. Vimalprakash
Dhyanprakash Gupta, is rejected.
MUMBAI (KOMALSING RAJPUT)
DATE – 18.10.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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