Interim Order 4

Order Details: Bail Order
Pdf Text: C. C. No. 2986 PW 2024 State Vs Kalpesh and ors.
CNR-MHMM18-012606-2024
ORDER BELOW BAIL APPLICATION, EXH.13
1. Perused record. Heard both the sides.
2. The present application is filed by one of the accused/applicant Mr.
Kalpesh Ramkrishna Sevak, for bail under Section 480 Bharatiya Nagarik
Suraksha Sanhita, mainly on the grounds that, he is innocent. No
connection of his found with the allegations. He has been arrested only on
the ground that some connection has been found with other accused. The
investigation is over. No offences, as alleged made out. There found no
role of the applicant even after completion of the investigation and there
is no evidence against him. Charge sheet is already filed. He is only
earning member. He is ready to remain abide by the conditions, if any,
imposed, etc.
3. Ld. A.P.P. objected to it stating that offence is serious.
Investigation though completed there is possibility of tampering and
absconding, etc., therefore, application shall be rejected.
4. The summary of the allegations is that the other accused persons
with the help of present applicant prepared fake website of MHADA and
attempted to dupe some persons for luring them to provide cheap houses
through MHADA. Now the investigation is over and charge sheet already
filed. The charge sheet reflects that applicant/accused is not directly
connected with the allegations. He has been arrested as it is transpired
that some amount has been transferred to his account. However, now, as
stated above investigation is over. Other accused persons already released
on bail. Besides the facts that he is permanent resident of Parel, Mumbai
and ready to remain abide by the conditions, if any, imposed. 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.
Page - 1/2
-- 1 of 2 --
C. C. No. 2986 PW 2024 State Vs Kalpesh and ors.
CNR-MHMM18-012606-2024
5. The possibility of commencement of trial and it’s conclusion
appears difficult. As informed there are dependents on him. He is ready to
remain abide by the conditions. In such a situation pre-trial detention is
not justified.
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 Mr. Kalpesh Ramkrishna Sevak, 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 – 16.12.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
Page - 2/2
-- 2 of 2 --