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B.A.299/24
MHCC020020742024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.299 OF 2024
Abhishek Santosh Tupe
Age 21 years, Occ : Student,
R/o Behind Chinar Garden Society,
Padegaon, Aurangabad
….Applicant
– Versus The State of Maharashtra
(At the instance of North Region
Cyber Police Station
Vide C.R.No.64/2023
.… Respondent
Appearance :Adv. M. N. Shaikh for the Applicant/ accused.
APP Iqbal Solkar for the respondent present.

CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 05/03/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
crime registered at North Region Cyber Police Station Vide C.R.No.
64/2023 for commission of offence under Section 419, 420, 465, 467,
468, 471 of the Indian Penal Code, 1860 and Section 66(C), 66(D) of
the Information Technology Act, 2000.

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2.

B.A.299/24
It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The accused is arrested on
24.11.2023. He has undergone custodial interrogation. Nothing is to be
seized or recovered from the possession of the accused. Therefore, there
is no point in keeping the accused behind bars. He is permanent
resident of his given address therefore he prayed for releasing him on
bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused is
released on bail there are chances of flee from justice. If the accused is
released on bail there are chances of threatening of prosecution
witnesses and tampering of prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant and ld. APP for the State.
5.

I have gone through the application, reply, documents filed
on record. It is the prosecution case that the informant during the
period from 11.06.2023 to 14.06.2023 received messages from known
persons offering her part time job. The task of you-tube like was
offered. She was induced to transfer the amount of Rs.15,06,000/- She
did not receive the amount invested or returns thereon. Therefore,
report is lodged and offence is registered. The present applicant /
accused has been arrested on 23.11.2023. Charge sheet is already filed.
Investigation against the applicants appears to have been completed.
The applicant / accused is 21 years old . No recovery is pending against
the applicant. Trial will take its own course to conclude it on merit.

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B.A.299/24
Further incarceration of the applicant / accused is not warranted. If
reasonable conditions securing his presence are imposed, the
applicant / accused will be entitled for the bail. Hence, I pass the
following order :
ORDER
1.

Criminal Bail Application No.299 of 2024 is allowed.

2.

Applicant / accused Abhishek Santosh Tupe arrested in Crime
Number 64/2023 registered at North Region Cyber Police Station,
Mumbai under Section 419,420,465,467,468,471 of the Indian Penal
Code and Section 66(C), 66(D) of the information Technology Act,
2000, be released on bail on furnishing P.B. and S.B. of Rs.25,000/- with
one or two sureties
3.

The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant / accused shall regularly attend the dates of
hearing of the trial Court / Metropolitan Magistrate Court unless
exempted.
5.

Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6.

The applicant / accused shall not leave India without prior
permission of the Court.
7.

Bail before the concern Magistrate.

Date : 05/03/2024
Dictated on
Transcribe on
Signed by HHJ on
: 05.03.2024
: 06.03.2024
: 12.03.2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.299/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
12/03/2024
5.33 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 05/03/2024
ORDER signed by P.O. on
12/03/2024
ORDER uploaded on
12/03/2024