Interim Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 2515 PW 2024 State Vs Rishabh
CNR-MHMM18-010768-2024
COMMON ORDER BELOW BAIL APPLICATIONS
1. B.A. No.3173 of 2024, IN C.C. No.2515 of 2024, Exh.6
2. B.A. No.3171 of 2024, IN C.C. No.2539 of 2024, Exh.6
3. B.A. No.3170 of 2024, IN C.C. No.2540 of 2024, Exh.6
4. B.A. No.3172 of 2024, IN C.R. No.2541 of 2024, Exh.6
Background facts -
1. These four applications are off shoot of crime numbers registered
with Cyber Police Station (West Division), B.K.C., Mumbai, at
C.R.Nos.55, 61, 70 and 78 of 2024, for offences of cheating, forgery and
cyber frauds punishable under Sections 419, 420, 465, 468, 471 and 120-
B r/w.34 of Indian Penal Code and Sections 66-C and 66-D of
Information Technology Act.
2. During investigation the connection of the accused/applicant Mr.
Rishabh Ravi Gupta, has been transpired along with other absconded
accused persons. Therefore, he has been arrested on 12.06.2024, in all
these matters. After police custody, since then he is in magisterial custody
in connection with all these matters. His first bail application before filing
of charge sheet has been rejected by this court on 11.07.2024, in all these
matters.
Grounds pleaded for bail -
3. Now charge sheets has been filed in all these matters and the
accused/applicant filed these applications under Section 437 of Code of
Criminal Procedure, for bail, mainly on the grounds that there is no
serious role attributed to accused and on the basis of material produced
accused can not be connected with the allegations. Investigation is over
and charge sheet has already been filed. Applicant is having no criminal
antecedents. He is the only earning member of his family. He is ready to
remain abide by the conditions. He is permanent resident of Delhi, will
not tamper with prosecution evidence and will be remain present for trial.
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C. C. No. 2515 PW 2024 State Vs Rishabh
CNR-MHMM18-010768-2024
Objections -
4. Ld. A.P.P. objected to bail applications, stating that the amount
involved is high. Active role of the accused transpired. The allegations
are serious and the connection of the accused has been found with other
transactions of same nature. There is possibility of tampering and
absconding, etc. Therefore, applications shall be rejected. Admittedly,
Nature of allegations and role attributed -
5. After going through the role of investigation/charge sheets, these
documents show that informants in all these four matters has been
contacted by unknown persons and total amount about Rs.1.75 crores, has
been fraudulently obtained from them by those persons under the pretext
of providing good returns for investments to be made by them. In one of
the matter informant has been defrauded in the same way i.e. providing
good returns or completing certain tasks.
6. The record further reflects that only role attributed to the accused is
that out of this huge amount an amount of just about Rs.20,00,000/- has
been transferred to the account of accused/applicant. It can be also
inferred from the record that those amounts were transferred at the
instance of an absconded accused persons, to whom the accused/applicant
permitted to use his account. Thus, there found no direct connection of
the applicant with the allegations. The role attributed to accused/applicant
is very limited and from the material produced there appears doubt
whether he is directly involved or not?
7. Further, accused is in custody since 11.06.2024. Now investigation
is over charge sheet already filed. Accused is permanent resident of
Delhi. 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. The possibility of commencement of trial in all
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C. C. No. 2515 PW 2024 State Vs Rishabh
CNR-MHMM18-010768-2024
these four matters and it’s conclusion within short span of time appears
difficult. Accused is unmarried and there are dependents on him. 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 applications, all these applications needs to be
allowed and hence, following common order -
ORDER
a. Applications are allowed and accused Mr. Rishabh Ravi Gupta, is
released on bail in all the four matters, subject to following conditions, -
i. That he shall furnish P.B. and S.B. of Rs.25,000/- separately in each
matter or deposit cash security separately in substitution of surety bond,
in each matter.
ii. He shall furnish his detail address, addresses of sureties and proofs
thereof.
iii. He shall not abscond and tamper with prosecution.
b. Copy of this order shall be kept in all the matters.
MUMBAI (KOMALSING RAJPUT)
DATE – 08.10.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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