MHCC020039922024
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IN THE COURT OF SESSIONS FOR GR. BOMBAY
Criminal Bail Application No.607 of 2024
Amaljit Manoj Manglaparambu
Age :- 24 Years, Occ : Nil
R/at : T.R.A.67, Topil Road
Mangalaparambu, Manakkapedi
Kurumalloor, Aluva, Ernakulam
Kerala.

..Applicant/accused
Versus
The State of Maharashtra
At the instance of Marine Drive Police
Station, Mumbai. (C.R.No.14 of 2024)
…Respondent/State
Coram : DR. Shri S. D. Tawshikar
(Court No. 10)
Heard on
: 13.03.2024
Decided on : 13.03.2024
Appearance:
Adv. Mr. Balakrishnan K. for applicant/accused
Addl. P.P. Mr. Ajit Chavan for State.
ORDER
(Dictated and pronounced in open court)
This is the first bail application, under Section 439 of Code of
Criminal Procedure, 1973 (“CrPC” in short), after filing of chargesheet, in
connection with C.R.No. 14 of 2024, registered with Marine Drive Police
Station for offences punishable under sections 170, 419, 420, 465, 467 r/w
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Cri.B.A.607-2024
section 34 of the Indian Penal Code, 1860 (“IPC” in short) and section 66 (D)
of the Information and Technology Act, 2000.
2.

Perused application, reply (Exhibit-02) filed by the State.

3.

Heard both sides.

4.

One Virendra Sevantilal Shroff (informant) has lodged instant
FIR alleging that on 18.01.2024 he received anonymous calls from mobile
number xxxxxx0074. The person calling introduced himself as officer of
Custom Department of Uttar Pradesh. The informant was badly threatened
that a parcel send by him, having Contraband substance is sized by the
Police. One more person called to the informant as a Police Officer. The
informant was so much afraid that on the instructions of caller, he transferred
sum of Rs.3,50,000/- (Three Lakh fifty thousand only) on bank account
number given by the caller. Informant later revealed that that was fake call.
Hence the FIR.
5.

Prosecution has alleged that HDFC bank account of present
applicant is used for depositing amount received from various offences of
cheating. It is submitted that an amount of Rs.52,00,000/- (Fifty two lakhs
only) came to be deposited in the account of present applicant and
subsequently this amount is further transferred in different bank accounts
and thus amount is siphoned off. It is alleged that present applicant has
actively aided and assisted in present offence as well as other online/cyber
offences of cheating.
6.

Mr. Balakrishnan the learned advocate for applicant submits
that the applicant is recently Graduated (Diploma Engineer). On the say of
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Cri.B.A.607-2024
Niranjan (co-accused and friend of present applicant) applicant opened bank
account in HDFC Bank and handed over its Debit-Card and SIM Card to
Niranjan. He submits that applicant is not aware about receipt of any amount
in said account as alleged by the prosecution. He submits that he is made
scapegoat and has unnecessarily involved in present offence. He, thus,
submits that applicant is also a victim who is behind bars since last more than
two months. He further submits that applicant, during course of
investigation, has co-operated in the investigation. He has duly informed
about the bank account to the Investigating Officer. Investigation to the
extend of applicant is almost completed and his further custody is
unwarranted. Mr. Balakrishna further submits that applicant would
co-operate in investigation and trial and abide all the condition imposed by
this Court.
7.

Per contra the learned APP Mr. Ajit Chavan as well as
investigating officer submits that, though there are no criminal antecedent
against present applicant, however HDFC account of applicant shows
multiple suspicious transactions. Mobile of present applicant is attached to
bank account with Punjab National Bank (PNB) in the name of Apurva
Mishra. He submits that prima facie material shows active participation of
applicant and therefore application be rejected.
8.

Admittedly, allegation contained in the present FIR is with
respect to fraud of Rs.3,50,000/- (Three Lakh and Fifty thousand only). It
appears that a sum of Rs.1,12,000/- (One lakh Twelve thousand only) is
available with the HDFC Bank, is already freezed by I.O. Considering the
submissions of learned advocate for applicant it appears that applicant has
co-operated in investigation. No criminal antecedent against applicant are
seen. Investigation against present applicant is practically completed.

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Cri.B.A.607-2024
Though, some of the co-accused seems still absconding, however, for that
purpose refusing bail to present applicant cannot be justifiable. Ultimately, I
hold that applicant can be released on bail subject to certain conditions.
Hence, I pass following order.

9.

ORDER
A]
The Criminal Bail Application No. 607 of 2024 is allowed.

B]
The applicant Amaljit Manoj Manglaparambu be released on
bail in connection with C.R.No. 14 of
2024, registered with
Marine Drive Police Station for offences punishable under sections
170, 419, 420, 465, 467 r/w section 34 of the Indian Penal Code,
1860 and section 66 (D) of the Information and Technology Act,
2000, on his executing P. R. of Rs.25,000/-(Twenty five
thousand only) along-with one or two sureties in like amount
with the conditions that ;
i)
Applicant attend Marine Drive Police Station, Mumbai on
18.03.2024 (if released by that time) and 01.04.2024 and
thereafter as and when required by Investigating Officer on
written intimation.

ii)
Applicant shall not tamper with the evidence of prosecution.

iii) Applicant
shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him from disclosing such
facts to the court or to tamper with the evidence.
iv)
Applicant shall furnish documents as to the proof of his
identity, residence, email i.d., and his active phone number
along with bail bonds.

v)
Applicant to notify the respondent police station as the
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change of his address, mobile number etc, if any.
vi)
C]
Cri.B.A.607-2024
Applicant shall not commit any criminal act while on bail.

Breach of any condition shall entail the consequences of
cancellation of the bail.

D]
Bail before the learned Trial Court.

E]
The Bail Application is disposed of accordingly.

Date : 13-03-2024
Dictated on
Transcribed on
Corrected on
Signed on
: 13-03-2024
: 15.03.2024
: 15-03-2024 (AOH)
: 16-03-2024
(Dr. S. D. Tawshikar)
Additional Sessions Judge,
City Civil Court, Gr. Mumbai
C.R.No.10
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Cri.B.A.607-2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
16-03-2024 at 02:00p.m.

NAME OF STENOGRAPHER
Mr. G. N. Sutar
Name of the Judge
(with Court Room No.)
Date of
ORDER
Pronouncement
Dr. S.D. Tawshikar
C.R. No.10
of
JUDGMENT/ 13-03-2024
JUDGMENT/ORDER signed by P. O. on
16-03-2024
JUDGMENT/ORDER uploaded on
16-03-2024