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Order on BA No.904/24
MHCC020057322024
BEFORE THE DESIGNATED COURT UNDER M.P.I.D. ACT
CITY CIVIL & SESSIONS COURT, MUMBAI
ORDER ON BAIL APPLICATION NO.904 OF 2024
IN
C.R. No.69 of 2023
Anil Baidhnath Soni
Age : 31 years, Occ : Business
Residing at Plot No.164, Nandvan Society,
Katargam, Surat City, Surat, Gujarat.
(At present lodged at Arthur Road Central Prison)
]
]
]
] Applicant/
]… Accused
Versus
The State of Maharashtra
(Through EOW, Unit -7, Mumbai)
]
]… Respondent
Appearances:Ld. Advocate Hitesh Patel for the Applicant.
Ld. SPP Seema Deshpande for the State/ Respondent.
CORAM : HER HONOUR JUDGE
ADITEE UDAY KADAM,
(Court Room no. 7)
DATE : 19th April, 2024.
ORAL ORDER
1.

The present application is moved by the Applicant Anil
Baidhnath Soni, under Section 439 of The Code of Criminal
Procedure, 1973 for grant of regular bail.

2.

A case being C.R. No.69 of 2023 registered with EOW, Unit -7,
Mumbai(C.R. No.319 of 2023 registered with MRA Marg Police
Station) against the present Applicant for the offence punishable
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Order on BA No.904/24
under Sections 406, 409, 419, 420 r/w Sections 34 and 120-B of
the Indian Penal Code, 1860 (hereinafter referred as “IPC”).
3.

Application is resisted by the Prosecution by filing its say at
Exhibit No.02.

4. Prosecution case in nutshell is as under :-
Informant Nandalal Soni is the businessman and resident of
Jaipur, Rajasthan. He has named the offenders as Ashish Dubey,
Ravi Patel, Prashant and his operator Kabir. He has also given
their specific mobile numbers and contended that all the accused
by making collusion with each other have cheated him. Ashish
Dubey made contact with him on his mobile number pretending
to be an Authorized Consultant, allured him for trading in the
market as per his advise. He also made the informant to join on
telegram channel, “Ashwini Solutions” as a member in his
authorized broking Company named as “May Alice Blue Financial
Services Pvt. Ltd.” and open a D-mat account in his name. On
time to time, informant deposited various amounts as per the
directions of Ashish Dubey. Thereafter, he was told that, he
suffered a losses and for that he was made to pay certain
amounts. When informant asked Ashish Dubey that he going to
close trading, one another person Ravi Patel made contact with
him. He assured informant to recover his losses. He gave phone
number of one Prashant and asked informant to contact him. The
said Prashant told informant that, he is doing trading business in
Mumbai at Dalal Street and secured information of the informant
like details of Aadhar card and bank accounts etc. During the
period he was asked to be in contact with operator Kabir. Again in
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Order on BA No.904/24
September 2023, informant was told that, he suffered losses to
the tune of Rs.48 Lakhs. Then informant realized that he was
cheated by all the accused for unlawful gain. Hence, he has
lodged report against the accused on 18.12.2023.
5.

During the investigation, it was revealed that, the accused
named in the report told the informant to deposit the amount in
the bank account of applicant at Kotak Mahindra Bank and
Federal
Bank.

Those
documents
were
recovered
during
investigation and then the applicant was apprehended from
Gujarat.
6.

Heard the Ld. Advocate for the Applicant, Ld. SPP for the
Prosecution, Investigating Officer.

7.

Ld. Advocate for the applicant submitted that, the applicant is
an innocent person, who has nothing to do with the transactions
between accused and the informant. He has given his bank details
to his friend to help him. It is true that, some amount was
transferred to his bank account during the course of transaction.
But then he has given recovery of Rs.20 Lakhs against the same.
Therefore, nothing is to be recovered from him. He is a
businessman
and
has
no
criminal
antecedents.

Entire
investigation is based on documentary evidence. Therefore,
physical custody of the applicant will not be required for
custodial interrogation. Hence, it is submitted that the applicant
be released on bail.

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8.

Order on BA No.904/24
Per contra, Ld. SPP submitted that all the accused named in
the report are absconding. Their mobile numbers are switched
off. Applicant could be apprehended only on the basis of his bank
accounts. The person to whom, he has allegedly given details of
his bank account is not yet revealed. Prima facie concern of the
applicant with the alleged serious economic offence is revealed.
Possibility that he being member of racket / gang cannot be ruled
out. Investigation of the offence is at pre-mature stage. On these
amongst ground, it is submitted that the application filed by the
applicant be rejected.

9.

What reveals from the record is that, the applicant who is not
named in the report, came to be apprehended on the basis of his
bank accounts used for commission of offence. Defence put-forth
by the applicant that he gave his bank account details to his
friend only to help him, does not founds to be reliable one. The
modus operandi adopted for the purpose of commission of
offence by the accused in connivance with each other, smacks of a
shrude conspiracy and a racket. It is seen that, the involvement of
the applicant in commission of offence is no more in doubt in
view of recovery of an amount of Rs.20 Lakhs. Considering the
possibility of existence of a racket by the accused including
applicant, his release on bail would certainly hamper the
investigation. Possibility of tampering with prosecution evidence
on grant of bail to the applicant cannot be ruled out. Considering
all these aspects this Court is of the view that the applicant is not
entitled for the relief claimed. Hence, the order :
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Order on BA No.904/24
ORDER
1. The present Bail Application No.904 of 2024 filed by the
Applicant Anil Baidhnath Soni in connection with C.R. No.69 of
2023 registered with EOW, Unit -7, Mumbai(C.R. No.319 of 2023
registered with MRA Marg Police Station) against the present
Applicant for the offence punishable under Sections 406, 409,
419, 420 r/w Sections 34 and 120-B of the Indian Penal Code,
1860 is hereby rejected.

2. The present Bail Application No.904 of 2024 stands disposed off
accordingly.
(Dictated and pronounced in the open Court.)

Digitally signed
by ADITEE
UDAY KADAM
Date:
2024.04.20
11:24:14 +0530
Date: 19/04/2024
Mumbai
(ADITEE UDAY KADAM)
Designated Judge under
The Maharashtra Protection of
Interest of Depositors Act, 1999,
for Gr. Bombay
Dictated directly on computer: 19/04/2024
Signed by HHJ on
: 19/04/2024
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Order on BA No.904/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT /ORDER”
20.04.2024 at 11.18 a.m.
UPLOADED DATE AND TIME
Ms. R. D. Tari
NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.)

H.H.J. A. U. Kadam
C.R. No.07
Date of Pronouncement of Judgment/Order
19.04.2024
Judgment /Order signed by P.O. on
19.04.2024
Judgment/Order uploaded on
20.04.2024