Interim Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 2373 PW 2022 State Vs Anand
CNR MHMM18-011969-2022
ORDER BELOW BAIL APPLICATION NO.4651/2022
1. Perused record. Heard Ld. A.P.P. and Ld. Advocate for the
applicant/accused.
2. The present application is filed under Section 437 of Code of
Criminal Procedure for bail mainly on the grounds that accused is
innocent. The investigation is over and charge sheet already filed. The
material collected is not in support of prosecution case. Accused is ready
to remain abide by the conditions. He is permanent resident of Dharavi,
Mumbai. Accused is in custody since long. No purpose will be served by
keeping him for further detention. Therefore, he shall be released on bail.
3. Ld. A.P.P. mainly objected to it on the ground that offence is
cognizable and non-bailable nature. Though investigation is completed,
there occurred no change of circumstances. The allegations are serious.
There is possibility of absconding, etc. Therefore, application shall be
rejected.
4. The submissions of both the parties are in tune with respective
contentions.
5. It is alleged that accused lured informant to handover the amount of
Rs.15 lacs, under the promise of providing room, but failed to honor it.
Therefore, informant was cheated. After registration of offence accused
was arrested on 15.10.2022 and in custody since then. Now investigation
is over and charge sheet is filed. All the witnesses are interested persons
and the main evidence is mainly of documentary nature. The possibility of
tampering is almost nil.
6. Accused is resident of Dharavi, Mumbai, and ready to remain abide
by the conditions, if any, imposed. He seems to be poor and there are
dependents on him. Further, offence is triable by this Court itself. The
conclusion of trial will take much time. There appears no point in keeping
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C. C. No. 2373 PW 2022 State Vs Anand
CNR MHMM18-011969-2022
the accused in further detention. Considering all these aspects and facts
and circumstances and reasons assigned in the bail application 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 person shall furnish his detail address and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 03.12.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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