Document Fragment View

Matching Fragments

The allegation against the applicant is that he acted as a broker in the sale transaction of certain set top boxes which took place between main accused Umar Khan and Rajesh Soni, Tarun Sancheti of Calcutta. It is alleged that the aforesaid set-top boxes were obtained by main accused Umar Khan from complainant M/s.ACN Digital Pvt. Ltd by fraudulent means and after obtaining the same he did not pay the consideration amount to the complainant and sold the same through the present applicant to a Calcutta party.

Counsel for the applicant has submitted that the applicant has been falsely implicated in the present crime, as there is no allegation against the applicant that he himself was involved in any manner in obtaining the aforesaid set top boxes from the complainant and he was only acting as a broker/middle man to sell the set top boxes as per the request of the main accused. Counsel submitted that there are no criminal past against the applicant and he has received only Rs.46,000/- towards the brokerage of the aforesaid transaction and the role of the applicant was purely a business deal. It is further submitted that applicant is in custody since 10/02/2021 and no 2 MCRC-14702-2021 purpose will be served to keep him in jail as final conclusion of the trial is likely to take sufficient long time on account of Covid-19 pandemic. Hence, prays for grant of bail to the applicant.

Shri Vaibhav Bhagwat, learned counsel for the objector opposed the prayer and submitted that the set-top boxes obtained by the main accused from the complainant company amounts to around Rs.1.00crore and there is a defalcation of the aforesaid amount. Thus looking to the seriousness of the offence no case is made out for grant of bail to the applicant.

Learned Panel Lawyer for the non-applicant/State on the other hand, opposed the prayer.