..1.. B.A. No.169/2024 in ACB R.A. No.231/2024
CNR NO.MHCC02-003318-2024
IN THE COURT OF SPECIAL JUDGE,
(CONSTITUTED UNDER THE PREVENTION OF CORRUPTION ACT,
1988)
FOR GREATER BOMBAY AT MUMBAI
BAIL APPLICATION NO.169 of 2024
IN
REMAND APPLICATION NO.231 OF 2024
IN
(C.R. NO. 05 OF 2024 (ACB, BMU, Mumbai)
Mr. Siddesh Vikas More
Aged 32 years, Present Occ: Service
R/o C-302, Om Harihareshwar Nagri,
Gopinath Chowk, Dombivali West,
Thane, Maharashtra
…Applicant
V/s.
The State of Maharashtra
(At the instance of A.C.B., Mumbai)
…Respondent
Appearances :
Mr. Lade, Ld. A.P.P. for the State.
Advocate Mr. Bhavesh M. Thakur for applicant.
CORAM:
DATED:
H.H. THE SPECIAL JUDGE
UNDER P.C. ACT
Mr. N.P. MEHTA
(C.R. No.46).
26th FEBRUARY, 2024.
:ORDER:
The instant application is preferred by applicant for grant of
bail under Section 439 of the Code of Criminal Procedure of the offence
punishable under Section 7 of the Prevention of Corruption Act, 1988
..2… B.A. No.169/2024 in ACB R.A. No.231/2024
read with Section 201 of the Indian Penal Code registered with Anti
Corruption Bureau, Mumbai.
2.
Accused is facing charge under Section 201 of I.P.C. in
Crime No.05/2024. It is the case of prosecution that on viewing the
C.C.T.V. footage installed at outer side of accused/public servantТs office,
it was seen therein that accused Siddesh More was found fleeing away
in suspicious manner. He came to be arrested, whereafter his personal
search was carried out. His pant was tested under ultra violet light
during which right front pocket of his pant had traces of anthracene
powder. It is suspected that accused Mr. Ghodajkar after receipt of bribe
money from complainant had passed the bribe money to present
accused who helped him in dispossessing it of, thereby the answering
accused is instrumental in disappearance of material evidence of the
instant crime.
3.
Having regard to the allegations made against present
accused this Court is of the opinion that the evidence against him is of
circumstantial nature. The present accused was subjected to custodial
interrogation by ACB officials but same did not lead to recovery of
tainted money. There is nothing on record to show that on release of
present accused on bail, he would not cooperate investigating
machinery in the investigation of the instant crime. This Court is
inclined to grant regular bail to accused on following terms and
conditions:
ORDER
1.
ACB Bail Application No.169 of 2024 is allowed.
..3.. B.A. No.169/2024 in ACB R.A. No.231/2024
2.
Applicant/accused Siddesh Vikas More be released on his
executing PR bond of Rs.20,000/- (Rupees Twenty Thousand
Only) with one solvent surety in like sum with directions that:i) He shall not threaten prosecution witnesses.
ii) He shall not interfere in the investigation of the instant crime.
iii) He shall provide residential proof and mobile numbers of his
two near relatives.
iv) He shall mark his presence every fortnight to ACB Office
preferably on Monday between 11.00 a.m. to 2.00 p.m. until
charge-sheet is filed.
3.
ACB Bail Application No.169 of 2024 stands disposed of
accordingly.
(N. P. MEHTA)
Date:-26/02/2024
Special Judge, under P.C. Act
City Sessions Court for Greater Bombay
at Mumbai.
Dictated on
: 26/02/2024
Transcribed on
: 26/02/2024
Signed on
: 26/02/2024
Sent to Dept. on :
..4… B.A. No.169/2024 in ACB R.A. No.231/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
29/02/2024 at 5:26 p.m.
UPLOADED DATE AND TIME
Subhash Sukhdeo Poul
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.
H.H.J. Shri. N P. Mehta
(Court Room No.46)
)
Date
of
Pronouncement
Judgment/Order
of 26/02/2024
Judgment/Order signed by P.O. on
29/02/2024
Judgment/Order uploaded on
29/02/2024