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MHNS010029912022
Order below Exh. 1 in Criminal Bail
Application No. 756/2022.
1.
This is an application moved by the applicant/accused
Varindar Bilbahadur Kaushal under section 439 of the Code of Criminal
Procedure in C.R.No. 141/2022 registered against accused at Bhadrakali
Police Station for the offence punishable under section 420 and 406 of the
Indian Penal Code.
2.
It is contended by the accused that he is resident of the
address given. FIR has been registered against unknown person. Accused
has been implicated in the present crime on suspicion in fact there is no
important role played by the accused. He has no concern with the present
offence and he has been falsely implicated. He has not taken any amount
from the ATM and not cheated the complainant. Offence levelled are not
attracted. During custody he has cooperate and there is recovery of the
entire muddemal. No purpose would be served to detain the accused
behind bar. He is ready to abide by the terms and conditions, hence,
prayed that bail be granted.
3.
Say was called of the investigating officer. He has objected
this application on the count that, there is evidence against the accused
and he has knowledge about the law. Previously accused is already
involved in similar type of offence if the accused is released on bail he will
commit similar offence and the possibility of threatening the complainant
and witnesses by accused cannot be ruled out. Investigation is in
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preliminary stage, chargesheet has to be filed. Applicant/accused is
habitual offender and in all six offences are pending against him in various
police stations. Hence, prayed that application be rejected.
4.
Heard Ld. APP and Ld. Advocate for accused. It is submitted
by the Advocate for accused that already investigation is completed,
nothing has to be recovered, hence, prayed that bail be granted.
5.
On perusing the say of Investigating officer it is seen that six
offences of similar nature are pending against the accused. Considering
the modus operandi used to commit the offence the accused cheated the
complainant by taking her ATM card and giving her some other ATM card.
After taking the ATM card of the complainant a sum of Rs. 23,100/ was
withdrawn from her account by keeping balance of Rs.59/ only. In such
circumstance, when the accused has outrightly cheated the complainant at
the behest of helping her. It is seen that investigation is in the preliminary
stage, chargesheet has to be filed. Investigating officer apprehends that if
accused is released on bail he will threaten the complainant and witnesses.
In such circumstance, I am not inclined to release the accused at this
stage. Hence, following order is passed :
ORDER
Application is hereby rejected.
Nashik.
Date : 21/06/2022.
Sd/xxx
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.