Interim Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 2837 PW 2024 State Vs Rahul and anr.
CNR-MHMM18-012146-2024
COMMON ORDER BELOW EXHS.5 AND 6
(B.A.Nos.3042 and 3427 of 2024)
1. Perused record. Perused say filed by Ld. A.P.P. Heard both the
sides in both the applications.
2. Both these applications filed by accused persons Mr. Rahul
Satbirsingh Beniwal and Mr. Vikas Vijay Singh, under Section 480 of
Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.) for bail, mainly on the
following grounds -
i. Accused are innocent.
ii. There is no evidence against them to connect them with allegations.
iii. The allegations are not serious as maximum punishment provided is only upto
seven years.
iv. Charge sheet already filed and as such investigation is over.
v. Accused have no criminal antecedents.
vi. There are dependents on them.
vii. All the data and hardware already collected from them. There remained nothing
against them to be completed to justify their further detention.
3. Against it Ld. A.P.P. objected and submitted that offence is serious.
There found ample evidence against applicants during investigation. The
amount involved is high. There is possibility of absconding of accused
and tampering of evidence. Therefore, applications shall be rejected.
4. The submissions of both the parties are in tune with their respective
contentions. Ld. Advocate for one of the applicant Mr. Rahul Satbirsingh
Beniwal, submitted that applicant is ready to deposit the half of the
amount credited to his account, besides other submissions.
5. The summary of the allegations, is that informant was lured by
unknown persons under the pretext of providing good returns for the
investment made by him and defrauded by them to the tune of
Rs.67,00,000/-. During investigation it is transpired that out of the said
amount Rs.3,00,000/- has been transferred to the account of applicant Mr.
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C. C. No. 2837 PW 2024 State Vs Rahul and anr.
CNR-MHMM18-012146-2024
Rahul, and another applicant Mr. Vikas, assisted him and other persons
for procuring the several accounts for transferring the amount received
from the informant by fraud.
6. The whole record if considered there appears doubt about the
actual involvement of the applicant Mr. Rahul, as except transferring
amount in his account by some other persons, nothing found against him.
Out of the said amount he is ready to deposit the half of it i.e. Rs.1.5 lacs.
In respect of another applicant it is alleged that he was instrumental in
providing the bank accounts for transferring the amounts and
withdrawing them from banks. But all those allegations are mainly based
on oral statements. The documentary evidence is missing.
7. Accused are in custody since long. The investigation relating to
them is over and charge sheet is already filed. 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 are ready to remain abide by the conditions.
The conclusion of investigation, filing of charge-sheet and consequent
conclusion of trial will take much time. Considering all these aspects and
facts and circumstances and reasons assigned in the bail application
following order -
ORDER
a. Application Exh.6, bearing B.A.No. 3427 of 2024, filed by Mr.
Rahul Satbirsingh Beniwal, is allowed, subject to condition that he shall
furnish P.B. and S.B. of Rs.15,000/- and deposit an amount of
Rs.1,50,000/- in this court.
b. Informant is at liberty to withdraw the said amount of
Rs.1,50,000/-, if deposited by the applicant Mr. Rahul Satbirsingh
Beniwal.
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C. C. No. 2837 PW 2024 State Vs Rahul and anr.
CNR-MHMM18-012146-2024
c. Application Exh.5, bearing B.A.No.3042 of 2024, filed by Mr.
Vikas Vijay Singh, is allowed, on his furnishing P.B. and S.B. of
Rs.15,000/-.
d. Permission granted to both the applicants to deposit cash security
instead of surety bond.
e. Both the applicants/accused persons shall furnish their detail
addresses and proofs thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 24.10.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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