Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 2879 PW 2024 State Vs Alpesh
CNR-MHMM18-012303-2024
ORDER BELOW BAIL APPLICATION, Exh.5
1. Perused record. Heard both the sides.
2. The present application is filed for bail under Section 480 of
Bharatiya Nagarik Suraksha Sanhita 2023, by accused Mr. Alpesh
Kantilal Koyani, mainly on following grounds that, investigation is over
and charge sheet already filed. Applicant is innocent and falsely
implicated. He is having deep routs in the society and ready to remain
abide by the conditions, if any, imposed, etc.
3. Ld. A.P.P. objected to it stating that offence is serious and amount
involved is high. Investigation though completed there is possibility of
tampering and absconding. The main accused is not yet arrested, etc.
therefore, application shall be rejected.
4. It is alleged that informant was lured by some unknown persons
under the pretext of providing good returns for investment and has been
defrauded by them for an amount of Rs.33,00,000/-. The investigation is
over and charge sheet already filed. The charge sheet reflects that
applicant/accused is not directly connected with the allegations and he
has been arrested on the basis of the fact that substantial amount has been
transferred to his account and siphoned off by other persons. Charge sheet
reflects his such remote connection with the allegations. The whole
evidence creates doubt about his actual involvement.
5. Accused is permanent resident of Surat, Gujarat and 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 and it’s conclusion within short
span of time appears difficult. There are dependents on him and in such a
situation further pre-trial detention is not justified. Page - 1/2
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C. C. No. 2879 PW 2024 State Vs Alpesh
CNR-MHMM18-012303-2024
6. Considering all these aspects and facts and circumstances and
reasons assigned in the bail application the bail needs to be granted by
allowing the present application. Accordingly, following order -
ORDER
a. Application is allowed.
b. Accused 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 person shall furnish his detail address and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 23.11.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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