Criminal Procedure Code, 1973
Section 439—Bail—Cheating and malicious behaviour by loan application—FIR registered under Sections 419, 420, 354A, 384, 389, 509, 120B of IPC—Case of prosecution that applicant is not the ultimate beneficiary of cheated amount, as the money has been routed to accounts outside India—Role of applicant, as per the case of prosecution, is limited to facilitating the opening of bank accounts of non-existent companies for the amount transfer—Applicant has been in judicial custody and charge-sheet stands filed—Evidence in the case is primarily documentary in nature and already in possession of the Investigating Officer—Possibility of tampering with evidence, as also of influencing the witnesses cannot be presumed at this stage, owing to the fact that evidence, as pointed out in the charge-sheet is already in possession of the investigating agency—Further investigation, if any, cannot be a ground for applicant’s continued incarceration—No useful purpose will be served by keeping the applicant in custody—Bail granted.
[Paras 12, 14 & 15]