Interim Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 2836 PW 2024 State Vs Rahul and anr.
CNR MHMM18-012160-2024
ORDER BELOW BAIL APPLICATION, EXH.
1. Perused record. Heard both the sides.
2. This is an application under Section 480 of Bharatiya Nagarik
Suraksha Sanhita (B.N.S.S.) for bail, by accused Mr. Rahul Satbirsingh
Beniwal, mainly on the grounds that he is innocent. Investigation is over
and charge sheet already filed. There found no connection between him and
alleged act. Other accused already released on bail. He is ready to remain
abide by the conditions, if any, imposed, etc.
3. Ld. A.P.P. strongly objected to it stating that offence is serious.
There found ample evidence against him during investigation. The amount
involved is high. There is possibility of absconding of accused and
tampering of evidence. Therefore, application shall be rejected.
4. The submissions of both the parties are in tune with their respective
contentions.
5. The summary of the first information report, is that some unknown
persons approached informant for investment. Lured by offers made, the
informant invested an amount of about Rs.11,18,000/- and later on found
that he has been defrauded. The record of investigation reflects that
accused is not directly connected with the allegations. He arrested just
because some amount is transferred to his account. It is noticed that he also
lured by main accused persons for commission for permitting to transfer
said amount in his account. He can be said victims to some limited extent.
Therefore, there appears doubt about his actual involvement in the alleged
acts.
6. Accused is in custody since long. The investigation relating to
accused seems over and charge sheet already filed. The other accused
already released on bail. The evidence is of electronic and documentary
nature. Mainly in custody of the third persons. As such possibility of
-- 1 of 2 --
C. C. No. 2836 PW 2024 State Vs Rahul and anr.
CNR MHMM18-012160-2024
tampering is almost nil. Offence is triable by this Court itself. Accused is
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 is allowed.
b. Accused Mr. Rahul Satbirsingh Beniwal, 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 – 24.10.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
-- 2 of 2 --