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B.A. 1739/23
MHCC020107832023
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.1739 OF 2023
Amit Abhinadan Jain
an adult, Indian Inhabitant,
Residing at B-202, Alakananda
Apartments, GH-45, Gurgaon
Sector – 56, Gurugram, Haryana
… Applicant
– Versus The State of Maharashtra
(At the instance of BKC Cyber Cell
West region vide Cr. No.75/2022)
… Respondent
Appearance :Adv. Sandeep Sherkhane for applicant
APP D.M. Lade for respondent / State
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30
DATED : 01/08/2023
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.75/2022 registered with BKC Cyber Cell West region, Mumbai
for the commission of offences punishable u/sec.420, 465, 467, 468,
471, 120(B) of the Indian Penal Code and Section 66(C) and 66(D) of
the Information Technology Act.

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2.

B.A. 1739/23
It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The accused is arrested on
04.07.2023. He has undergone custodial interrogation. Nothing is to be
seized or recovered from the possession of the accused. The applicant /
accused has neither communicated nor sent any messages to any
person. He is not the operator. The applicant / accused has not created
any Whats app or Telegram account. The applicant / accused is only
earning member of his family. Therefore, there is no point in keeping
accused behind the bar. He is a 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. If accused released on bail it will affect on the collection of
evidence. The investigation is not completed therefore if accused
released on bail there are chances of flee from justice. If accused is
released on bail there are chances of threatening prosecution witnesses
and tampering 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 case of the prosecution that the informant Ankita
Shringare lodged report that she received Whats app message offering
her a job. On showing her interest in securing a job, certain links were
forwarded to her on her mobile. She was asked to follow the Instagram
account. She was asked to complete the tasks allotted to her. Initially
she received some amount for the completion of the task. She was
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B.A. 1739/23
asked to deposit certain amount. She also deposited certain amount
from her mother’s account. When she demanded the deposited amount
and commission, one link was forwarded to her and she was asked to
login from the said link. After logging the details of her deposited
amount and amount of commission was seen. In spite of selecting
option of withdrawal of the said amount, the informant was unable to
receive said amount. When she asked why she is not getting said
amount, she was again asked to deposit Rs.10 lakhs. The informant
came to know that she has been deceived. She lodged report and
accordingly offence was registered.
6.

The present accused Amit was arrested on 04.07.2023. The
beneficiary bank accounts in which the amounts were deposited are
having address of the account holder at Gurgaon and West Bengal. One
of the account is in the name of Shri Adinath Trading Co. and the
present applicant is the proprietor of the same. The another account in
ICICI Bank is also in the name of the present applicant. The third
account in which the amount from ICICI is transferred is also belongs to
the applicant. Amount is withdrawn from ATM at Gurgaon. In search of
the office at the address mentioned in the bank account details, 39
Debit Cards of various companies, some Credit Cards, 28 Cheque Books
of various banks, debit cards kit were recovered. The accused has return
the amount of Rs.5,13,000/-. Said recovery has been made during
investigation. Investigation is in progress. The investigation made till
today reveals active participation of the present applicant / accused in
the crime. The offence is cyber offence, it is technical offence. The
accused has active and vital role in the commission of offence. The
reasons mentioned by the prosecution for rejection of the application
are sufficient for denial of bail. Considering the fact that investigation is
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B.A. 1739/23
in progress and also considering the role attributed to the accused, I am
of the view that the applicant / accused is not entitled to be released on
bail. Hence, I pass the following order :
ORDER
Criminal Bail Application No.1739 of 2023 is
rejected and disposed off accordingly.
RAJESH
ANIRUDDHA
SASNE
Date : 01/08/2023
Direct dictation on PC: 01.08.2023
Signed by HHJ on
: 03.08.2023
Digitally signed
by RAJESH
ANIRUDDHA
SASNE
Date: 2023.08.04
11:23:02 +0530
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.

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B.A. 1739/23
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
04/08/2023
11.15 a.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge R.A.
Room No.)
SASNE
Court Room No. 30.
Date of Pronouncement of ORDER 01/08/2023
ORDER signed by P.O. on
03/08/2023
ORDER uploaded on
04/08/2023