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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHYAM C.CHANDAK, A.S.GADKARI
Jerry Philips Jacob – Appellant
Versus
National Investigation Agency – Respondent
| Table of Content |
|---|
| 1. basis of the appeal (Para 1 , 3) |
| 2. argument against charges (Para 4) |
| 3. prosecution's argument for bail refusal (Para 5) |
| 4. details of trafficking scheme (Para 6 , 7 , 8) |
| 5. analysis of evidence and offences (Para 10) |
| 6. dismissal of appeal (Para 11) |
JUDGMENT :
[PER : SHYAM C. CHANDAK, J.] :-
1) Present Appeal challenges a common Order dated 06th December 2024, below Exhibits 9 & 10, in NIA Special Case No.1225 of 2024, passed by the learned Special Judge, under NIA Act, Greater Mumbai. Thereby, the learned Judge declined the prayer of the Appellant/Original Accused No.1 to release him on bail in the said case.
2) Heard Mr. Shaikh, learned counsel for Appellant, Mr. Singh, the learned Additional Solicitor General of India, for Respondent No.1, NIA and Smt. Mhatre, the learned APP for the Respondent No.2, State. Perused the record.
3) The prosecution case is that between December 2022 to March 2023 the Appellant and his associates/co-accused in furtherance of their common intention and hatching a criminal conspiracy, trafficked the informant Siddharth Yadav and others to abroad on false assurance of providing them employment with handsome income. However, after taking the
Serious offenses like human trafficking, involving coercion and fraud, justify bail denial, supported by prima facie evidence and the principle that bail is not favored in such cases.
Bail refused in human trafficking case involving deception for overseas fraud jobs, document withholding, threats and extortion; prima facie case under serious offence punishable by life term and ris....
Issues of anticipatory bail regarding fraud and financial misconduct under the BNS Act are critically examined.
Delay in trial does not justify bail in serious offenses when a prima facie case is established against the accused.
Prolonged detention without trial violates constitutional rights; bail may be granted considering the length of custody and co-accused's bail.
The seriousness of the allegations and the nature of the offense, including criminal conspiracy and extortion, influenced the court's decision to dismiss the bail application.
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