This order grants regular bail to petitioners Asif Khan and Rafique, who have been in judicial custody for seven months. The court allowed bail subject to the glittering of personal bonds of Rs. 30,000 each with one surety in the like amount.
Petitioners admitted to bail subject to personal bond of Rs. 30,000 each with one surety in the like amount.
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petitioners Asif Khan and Rafique are in judicial custody for the last 7 months.
It is submitted that chargesheet as well as supplementao' chargesheet have already been filed and the trial is underway, which is likely to take time.
The petitioners have been arrested on the disclosure statement of coaccused Sameer Hussain who has already been granted regular bail. Except the disclosure statement of petitioners no other clinching evidence is there against the petitioners. Recovery of ATM cards, cheque book etc. have been planted on the petitioners.
As per prosecution, one gang was involved in opening of the bank accounts in fictitious names on the basis of fake ID cards only to cheat innocent people. The said gang was cheating people on the pretext that they were successful in lottery and were entitled to receive gifts. Learned APP submits that on secret information received on 12.10.2017, co-accused Sameer Hussain was arrested and from his possession two ATM cards and two Pan Cards were recovered. In one Pan Card, photograph of Sameer Hussain is there but the name of card holder was mentioned as Salim Khan. Pursuant to the disclosure statement of Sameer Hussain, the petitioners Saddam Khan and Asif Khan were arrested. Fake ATM cards, Aadhaar cards, Pan Cards and passbook were recovered from them. Two registers were also recovered wherein the details of transactions were recorded. It was also revealed that the petitioners got bogus bank accounts opened in the name of Raju Verma and Vinod Sharma inasmuch as obtained ATM cards in the said names. During the investigation, it is revealed that pursuant to a telephonic call Ms.Savitri Gubbala had deposited ^1,77,000/- in two bank
accounts after she was told that gold jewelleiy, diamonds etc. had been parcelled to her as gifts. Further that from petitioner Asif Khan, one cheque book, ATM card, photocopy of Pan Card of Shamim Beig, two photographs of accused Asif, photocopy of Pan Card and Election Card of Sahil Sheikh were recovered. In fact, Rafiq Khan had impersonated as Sahil Sheikh. Accused had impersonated as Raju Verma and Vinod Sharma respectively and bank accounts were opened and ATM cards were also taken on such assumed names.
Learned counsel for the petitioners submit that neither in the chargesheet nor supplementary chargesheet it has been disclosed that handwriting and signatures of the petitioners match with the handwriting and signatures in the said documents or bank records.
Keeping in mind the totality of the facts and circumstances of this case, the petitioners are admitted to bail subject to each of them furnishing personal bond in the sum of ?30,000/- with one surety each in the like amount, to' the satisfaction of Trial Court.
The bail applications are disposed of, in above terms.
Dasti.
JULY 16, 2018
ssc
2 issues framed by the court
Whether petitioners detained in judicial custody are entitled to regular bail considering the nature of the allegations and lack of clinching evidence.
Whether the conditions of furnishing a personal bond with one surety are sufficient to grant bail.
Asif Khan and Rafique
Unknown Judge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
