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B.A.1120/24
MHCC020069502024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.1120 OF 2024
1. Darshit Kishorchandra Jobaliya
Aged 42 years, Occ : Business,
Residing at 1101, Ostwal Tower,
TPS 3, Shimpoli Road, Near Janki Mandir,
Borivali West, Mumbai 400 092
2. Yash Kadam
Aged : about 25 years, Occ : Service,
Residing at B-105, Kadam Niwas,
Taki Road, Near Ambedkar Statue,
Ambedkar Nagar, Nallasopara (E),
Vasai, Palghar 401209.

… Applicants
– Versus The State of Maharashtra
(At the instance of Cyber Police Station
North Region, Mumbai vide CR. No.39/2024)
… Respondent
Appearance :Advocate Praful Salvi for the applicant.
APP Iqbal Solkar for the respondent / State
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 09/05/2024
ORDER
This is bail application by the accused u/sec.439 of
Criminal Procedure Code for releasing them on bail in connection with
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B.A.1120/24
C.R.No.39/2024 registered with Cyber Police Station, North Region
Mumbai for the commission of offences punishable u/sec. 419, 420,
465, 467, 468, 471, 120-B of the Indian Penal Code, 1860 and Section
66(C), 66(D) of the Information Technology Act, 2000
2.

It is alleged by the applicants / accused that they are
innocent and falsely implicated in the present case. The accused are
arrested on 10.04.2024. They have undergone custodial interrogation.
The applicants / accused have no criminal antecedent. Investigation is
completed. Therefore, there is no point in keeping accused behind bars.
They are the permanent resident of their given address therefore
applicants / accused prayed for releasing them on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused are
released on bail it will affect on the collection of evidence. If accused
are released on bail there are chances of flee away from justice. If
accused are released on bail there are chances of threatening of
prosecution witnesses and tampering of 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 applicants, ld. APP for the respondent / State.
5.

I have gone through the documents on record. It is the case
of the prosecution that the informant Satish Bailur lodged report stating
that he was induced by the accused to invest in share trading with offer
to receive good returns. He was duped to Rs.15,10,000/-. Accordingly
the offence is registered and investigation proceeded. The police
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B.A.1120/24
investigated in respect of the bank account in which the amount was
credited and the mobile numbers linked thereto. Accordingly, the
applicants were arrested on 10.04.2024.
6.

The investigation officer submits that nothing remains to be
investigated in respect of the applicants. He admits that recovery in
respect of the applicants is already made. There is apprehension that if
applicants are released on bail the wanted accused will not be arrested.
Said apprehension is devoid on merit. The ld advocate for the
applicants submit that the informant has executed consent term
affidavit (page no.35) and he has no grievance against the accused. In
the contentions of the said affidavit it is stated that amount has been
paid to the informant therefore, it appears that no recovery is pending
from the applicants. Under these circumstance the incarceration of the
applicants is not warranted. Their presence can be secured by putting
conditions of attendance. Hence, I pass the following order :
ORDER
1.

Criminal Bail Application No.1120 of 2024 is allowed.

2.

The Applicant No.1 / Accused Darshit Kishorchandra Jobaliya,
applicant No.2 / accused Yash Kadam arrested in C.R.No.39/2024
under Section 419, 420, 465, 467, 468, 471, 120-B of the Indian Penal
Code, 1860 and Section 66(C), 66(D) of the Information Technology
Act, 2000 registered with Cyber Police Station, North Region, Mumbai
be released on bail on furnishing P.B. and S.B. of Rs.25,000/- each with
one or two sureties.
3.

The applicants / accused shall not tamper with the prosecution
witnesses and evidence in any manner.

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4.

B.A.1120/24
The applicants / accused shall attend the concern police station
on 2nd and 4th Saturday of every month between 11.00 a.m. to 2.00 p.m.
till filing of the charge-sheet.
5.

Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6.

The applicants / accused shall not leave India without prior
permission of the Court.
7.

Bail before the concern Magistrate.

Date : 09/05/2024
Dictated on
Transcribe on
Signed by HHJ on
: 09.05.2024
: 10.05.2024
: 10.05.2024
RAJESH
ANIRUDDHA
SASNE
Digitally signed by
RAJESH
ANIRUDDHA SASNE
Date: 2024.05.10
15:58:19 +0530
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.1120/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
10/05/2024
3.54 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 09/05/2024
ORDER signed by P.O. on
10/05/2024
ORDER uploaded on
10/05/2024