CNR No.

MHCC02-005107-2022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.916 OF 2022
Abhyuday Pratap Singh
Age – 25 year, Occ – Student,
R/o – Flat No.202, Plot No.215,
Shubham Shree CHS Ltd., Secotr-23,
Ulve, Navi Mumbai-410206.

…
Applicant
…
Respondent
Versus
The State of Maharashtra
(At the instance of Police Station,
BKC,
C.R.No.164/2022)
Appearance:
Mr. Ram Mani Upadhyay, Ld. Adv. for applicant.
Mrs. Rashmi Tendulkar, Ld. Addl. P.P.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
April 22,2022
ORDER
1.

Applicant
Abhyuday
Pratap
Singh
is
accused
in
C.R.No.164/2022 registered with BKC Police Station under Ss. 420,
465, 467, 468, 471, 120B r.w Sec.34 of I.P.C. He is praying to grant
bail. Prosecution vide say (Exh.2) of Investigating Officer reiterating
facts alleged in the FIR, contended to reject the application on the
grounds that, there is possibility of repeating crime in future. That,
absconding accused are yet to be arrested and the documents are
remained to be verified.
application.

With this, it is contended to reject the
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BA No.916/2022
2.
A.P.P
Ld. Adv. Mr. Ram Mani Upadhyay for the applicant and Ld.
Mrs.

Rashmi
determination.

Tendulkar.

Following
points
arise
for
my
I am recording following findings thereon for the
reasons discussed below :POINTS
FINDINGS
1.

Whether the applicant-accused has made
out a strong prima-facie case to release him
on bail ?

Yes
2.

What Order ?

Application is
allowed.
REASONS
POINT NO.1.
FACTS INVOLVED IN C.R.No.164 OF 2022
3.

Consulate General of America filed complaint application
and applicant was produced before BKC Police Station. On the basis
thereof FIR was registered. In the said application it is alleged that,
Abrahm Ramirage while discharging duties on behalf of American
Consulate as Investigator when people approach for American Visa. The
documents produced by such people are examined and verified. On
07.04.2022 informant was making inquiry in respect of the documents
produced by present applicant Abhyuday Prasad Singh. Document
particularly Appointment Contract Letter of Doris Marine Services Pvt.
Ltd, Panama CDC No. CTB920539 and Ship Joining Letter CTB920364,
CDC passport were examined, which was found bogus. Accordingly,
contact was made on E-mail to the authorities concerned. It was found
that, the said company was already blacklisted.

On further inquiry
whether the applicant was appointed by the said company, it was
replied in the negative. On further inquiry made with the applicant he
BA No.916/2022
.. 3..

referred name of Anamika, who prepared documents of Doris Marine
Services Pvt. Ltd. These are the facts alleged in the FIR.
4.

Admittedly, the applicant was arrested on 07.04.2022 and
had undergone police custody remand for four days. He had already
handed over all documentary evidence to the Investigating Officer.
Therefore, prima-facie it appears that applicant was thoroughly
investigated and all necessary documents were collected from him.
Contention of Investigating Officer that, co-accused Anamika is yet
absconding, has no nexus to extend detention of the applicant. It cannot
be ignored that all jails in Mumbai are over crowded. Particularly when
the investigation is over, there is no point in keeping the accused behind
bars for endless period.
5.

Apart from this, some medical papers are produced on
behalf of applicant. Those are of M.G.M., New Mumbai Hospital,
Chandan Hospital, Appollo Hospital which clearly indicate that
applicant is a cancer patient. I therefore strongly feel that if certain
conditions are imposed on accused, objections of the prosecution can be
safeguarded, rather than detaining him behind bars for uncertain
period. Law is settled that detention of the accused cannot be extended
for arresting absconding accused.

There is no substance in another
objection of the prosecution that, accused is likely to repeat the crime in
future. In this way, both the objections raised by the prosecution itself
entitle the accused for bail. Hence, I hold that applicant has made out
strong prima-facie case. Point No.1 is answered in the affirmative and
following order is passed :ORDER
1.

B.A. No.916 of 2022 is allowed.

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BA No.916/2022
2.

Applicant Abhyuday Pratap Singh be released on bail in
C.R.No.164/2022 registered with BKC Police Station by
his executing PR bond of Rs.30,000/- with one or two
sureties of like amount.

3.

The applicant shall attend BKC Police Station once in a
week on every Saturday at any time between 08.00 a.m.
to 05.00 p.m. and maintain its record for 60 days.

4.

The applicant shall undertake not to pressurize informant
and prosecution witnesses in any manner and also not to
tamper with the evidence of prosecution.

5.

The applicant be released on furnishing provisional cash
security of Rs.30,000/- with PR bond with an
undertaking to furnish surety within two months, as
directed above.

6.

Bail before Ld. Court of First Instance.
MADHAV
GOPAL
DESHPANDE
Dt.: 22.04.2022
Signed on
Digitally signed by
MADHAV GOPAL
DESHPANDE
Date: 2022.04.25
11:40:57 +0530
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
: 22.04.2022
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BA No.916/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
24.04.2022 at
hours
UPLOAD DATE AND TIME
Name of the Judge
Date
of
judgment/order
pronouncement
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
of 22.04.2022
Judgment/order signed by P.O. on
22.04.2022
Judgment/order uploaded on
24.04.2022