BA 1491/22
Order
1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
BAIL APPLICATION NO. 1491 OF 2022
(CNR NO. MHCC020081142022)
IN
C.R.NO.284/2021
Yash Bharatbhai Buptani
Age: 23 years,
Address: Star Plaza Amreli
District Surat, Gujarat.
….Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of Colaba Police Station
CR No.284/2021)
…. Respondents.
Adv Mr. Sunil Pandey for applicant/accused.
APP Mr. Shankar Erande for State.
CORAM:
DATE :
HH THE ADDL.SESSIONS JUDGE
SMT.C.V.PATIL
(Court Room No.27)
28th June 2022.
ORDER
1.
The present application is filed by accused Yash Bharatbhai
Buptani and requested to release him on bail under Section 439 of
Cr.P.C. He has mentioned number of grounds and requested to
release him on bail. Prosecution filed reply at Exhibit 2 and strongly
opposed application on the ground that three coaccused are
absconding and yet to be arrested. However if this accused is released
BA 1491/22
Order
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on bail then he will abscond and ultimately trial will be held up.
From the allegations of the prosecution it appears that this accused
alongwith others have induced to informant to pay Rs.47,400/ and
consequently present accused alongwith others have cheated to
informant. Therefore, Section 420 r/w.34 of the IPC and Section
65(c)(d) of the Information Technology Act,2000 have applied
against the accused. From the report and FIR it appears that the said
accused is arrested on 4/6/2022 and he was remanded to police
custody upto 10/6/2022. On 10/6/2022 he was remanded to Judicial
Custody . Sufficient time was granted to IO to conduct investigation
towards this accused even then now also the IO has objection to
release this accused on the ground to find out other coaccused who
are absconding. To find out accused which is act of IO. However, for
sufficient time the accused was in the custody of IO, therefore, at this
stage the ground shown by IO to find out absconding accused is not
susceptible to reject regular bail application of the present accused.
The next ground that if accused is released on bail then he will
abscond and then tamper prosecution evidence, ultimately, that will
create hurdle in the investigation/trial of the case. The second
ground can be secured by imposing conditions on accused. For that
purpose it is not proper to detain the accused behind the bar.
Therefore, following order is passed:
ORDER
1.
Bail Application No.1491/2022 is allowed.
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2. The applicant/accused Yash Bharatbhai Buptani be released
on bail on executing PR Bond in the sum of Rs.25,000/
(Rs.Twenty Five Thousand)with one or two sureties of like
amount.
3.
Applicant is directed to attend Colaba Police Station on
every 10th day of each month.
4.
Applicant shall not to tamper prosecution evidence in any
manner.
5.
Thus, Bail Application No.1491/22 stands disposed of.
(C.V.PATIL)
Addl.Sessions Judge,
Gr. Mumbai.
28/06/2022
Order Dictated on
Transcribed on
Signed on
: 28/06/2022
: 28/06/2022
: 29/06/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
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30/06/2022 5.00 p.m.
Mrs.Jyoti Mane
Name of the Judge (With Court Room No.) HHJ Smt. C.V.Patil (CR
27)
Date
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JUDGEMENT /ORDER
of
29/06/2022
JUDGEMENT /ORDER signed by P.O. on
29/06/2022
JUDGEMENT /ORDER uploaded on
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