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B.A.224 of 2022
CNR: MHCC02-001111-2022
IN THE SESSIONS COURT FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.224 OF 2022
IN
(DCB, CID C.R.NO.1 OF 2022)
(BHANDUP POLICE STATION C.R.NO.9 OF 2022)
Anil Kumar Ishwarcharan Singh
Senior Citizen, Age:63 years,
Occ:Poojari, R/at.D-146, Galli
No.5, Near Delhi Convent School,
Ganesh Nagar Pandav Nagar
Complex, VTC: Shakarpur, P.O.
Shakarpur, Sub-District:Gandhi
Nagar, Dist:East Delhi, State:Delhi,
Pinode:110092.
.. Applicant
V/s.
The State of Maharashta
(at the instance of DCB-CID
Unit VII, Crime Branch, Mumbai)
.. Respondent
Appearances:
Adv. Anand Jondhale for applicant.
APP Malankar for Respondent.
Coram : R. M. Sadrani
Addl. Sessions Judge
C.R. No.37.
DATED : 4th February 2022.
ORDER
1
This is an application U/s.439 of Code of Criminal
Procedure(hereinafter referred to as “Cr.P.C.) for the grant of bail to
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B.A.224 of 2022
the applicant Anil Kumar Ishwarcharan Singh in C.R.No.1 of 2022
of DCB, CID, Unit VII, Crime Branch, Mumbai(Bhandup Police
Station C.R.No.9 of 2022) for the offence punishable U/s.420, 465,
467, 468, 471, 120-B r/w. 34 of Indian Penal Code (hereinafter
referred to as IPC).
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Informant is Smt.Rajni Sujit Rana. She lodged FIR on
07/01/2022 that the person namely Ali Hashmi is known to her
and he informed her that a person namely Bhaskar Rao, a coaccused is in need of money.
Therefore, 05/01/2022, she
alongwith said Ali Hashmi met with co-accused Bhaskar Rao. Said
Bhaskar Rao informed that he got one precious metal pot. With the
help of his friend namely Arindam Day, Rajvindra Mehra, Sumit
Punjabi and Niyaz @ Kabir, he sold it to the foreign company
namely Cameco Corporation, Canada and he will received 15
Billion i.e. Rs.55,000 Crores. For the release of this amount, he is in
need of money of Rs.27 Crores as tax which requires to be
deposited with Reserve Bank of India. He offered that if he get
Rs.27 Crores, then after getting the money of the said pot, he will
pay 40% of its cost.
Relying on his words, informant paid
Rs.30,000/-. Thereafter, co-accused Bhaskar Rao called the
informant at the Hotel Ananta, L.B.S. Road, Ghatkopar on
06/01/2022. On the same day, i.e. on 06/01/2022, she came to
know from the person Ali Hasmi that co-accused Bhaskar Rao is
habitual in preparing forged document and taking amount from the
person. Accordingly, she lodged the FIR. Police prepared a plan to
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B.A.224 of 2022
conduct raid on the same day. Police recovered one folder from coaccused Bhaskar Rao in which there were 23 documents including
letter pad of the Reserve Bank of India, confidentiality agreement,
certificate of authority by Ministry of Defence and other documents.
However, all the documents are forged.
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Learned Adv.Anand Jondhale for the applicant argued
that allegation against the applicant is that he was present on the
spot at the hotel. At that day i.e. 06/01/2022, police inquired with
him on the spot and he told to the police that he was on the spot at
the instane of his friend Narayan. However, he is not knowing
what the transaction was going on there. On that day, police did
not arrest him.
However, he was arrested on 08/01/2022.
Applicant is a worshipper and he was there for performing Puja He
requested to enlarge the applicant on bail.
4
Learned
APP
Malankar
and
investigating
officer
opposed the application and inter alia argued that documents
prepared in collusion with other accused are serious documents.
Applicant is resident of Delhi and he was in Mumbai prior to one
month of incident which shows his active involvement in the
commission of the offence. Some of the accused are yet to be
arrested. Applicant is resident of Delhi and there is possibility that
applicant will not co-operate with the investigating officer. It is
requested to reject the application.
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B.A.224 of 2022
After hearing both the sides, I have gone through
records. From the panchanama, it is clear that applicant disclosed
that he was on the spot at the instance of his known person
Narayan. He was not aware about the transaction. He was not
arrested on the same day.
However, it was arrested on
08/01/2022. Copy of the alleged document in PDF format from his
mobile is recovered by investigating officer. There is no criminal
antecedent against the applicant. Considering the facts of the case,
I am inclined to allow the application. Hence, I pass following
order.
ORDER
1
Bail Application No.224 of 2022 is hereby allowed.
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Applicant Anil Kumar Ishwarcharan Singh in C.R.No.1
of 2022 of DCB, CID, Unit VII, Crime Branch, Mumbai(Bhandup
Police Station C.R.No.9 of 2022) for the offence punishable
U/s.420, 465, 467, 468, 471, 120-B r/w. 34 of Indian Penal Code
be released on bail on executing PR bond of Rs.50,000/- with one
surety of the same amount. In addition to this, applicant to deposit
cash surety of Rs.50,000/-.
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Applicant to furnish his detailed address, phone number
at the time of furnishing bail.
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Bail be furnished before this Court.
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B.A.224 of 2022
Applicant to attend DCB, CID, Unit VII, Crime Branch,
Mumbai on every Monday in between 11.00 a.m. to 2.00 p.m. till
further orders.
6
Applicant shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the accusation against himself so as to dissuade him from
disclosing such facts to the Court or to any police officer.
7
Applicant shall not leave India without previous
permission of the Court.
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Bail Application is disposed off accordingly.
( R. M. Sadrani )
Addl. Sessions Judge, Sessions Court,
Dated :04/02/2022.
Gr. Mumbai
Dictated on
:04/02/2022.
Transcribed on :04/02/2022.
Signed on
:04/02/2022.
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B.A.224 of 2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON:08/02/2022.
TIME:12.25 p.m.
(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room Shri. R. M. Sadrani, Judge, C.R.No.37.
No.)
Date
of
pronouncement
Judgment /Order
of 04/02/2022.
Judgment/Order signed by P.O. on
04/02/2022.
Judgment/Order uploaded on
08/02/2022.