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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S.GADKARI, SHYAM C.CHANDAK
Jerry Philips Jacob – Appellant
Versus
National Investigation Agency, (Through DCB-CID, Unit – VIII) – Respondent
| Table of Content |
|---|
| 1. appeal challenges bail denial in trafficking case. (Para 1 , 2 , 3) |
| 2. appellant claims legitimate jobs, no trafficking. (Para 4) |
| 3. prosecution proves deception, coercion prima facie. (Para 5) |
| 4. unlicensed agency recruited for overseas scams. (Para 6 , 7) |
| 5. victim lured abroad, forced into fraud, extorted. (Para 8) |
| 6. fake profiles used for crypto investment scams. (Para 9) |
| 7. trafficking conspiracy proven; bail risks justify denial. (Para 10) |
| 8. appeal dismissed; application disposed. (Para 11) |
JUDGMENT :
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-accu
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....
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.
Issues of anticipatory bail regarding fraud and financial misconduct under the BNS Act are critically examined.
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.
Delay in trial does not justify bail in serious offenses when a prima facie case is established against the accused.
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