1
MHCC020029052024
IN THE COURT OF SESSIONS FOR GR. BOMBAY
CRIMINAL BAIL APPLICATION NO. 432 OF 2024
Deepak Babula Muni
Age 26 years, Occ: Business,
R/at:- Indira Nagar No.2, Janta Mitra
Mandal, Arya-samaj, J. N. Road,
Mumbai (W), Mumbai 400080
Manish Sudhir Magam
Age 27 years, Occ: Service
R/at:- Barrack No.1361, Room No.11,
Maratha Section 32, Ulhasnagar-4,
District Thane.
Ankaj Sabhajit Yadav
Age 23 years, Occ: Service,
R/at:- New Gokuldham Apartment,
Shop No.7, Bairaj Road, Badlapur,
Dist. Thane.

..Applicant/accused
..Applicant/accused
..Applicant/accused
Versus
The State of Maharashtra
At the instance of Azad Maidan
Police Station, Mumbai.
(Crime No.169 of 2023)
…Respondent/State
Coram : Dr. Shri S. D. Tawshikar
(Court No. 10)
Heard on : 26.02.2024
Decided on : 26.02.2024
Appearance:
Ld. Adv. Mr. U. L. Singh for the applicants/accused
Ld APP Shri Ajit Chavan for the respondent/State.

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BA 432/2024
ORDER
(Dictated and pronounced in open court)
This is the first bail application filed under Section 439 of Code
of Criminal Procedure, 1973 (“CrPC” in short) after filing of charge-sheet in
in connection with C.R.No. 169 of 2023, registered with Azad Maidan Police
Station for an offence punishable under sections 419 and 420 of the Indian
Penal Code, 1860 (“IPC” in short) and Sections 66 (C) and 66 (D) of the
Information and Technology Act 2000.
2.

Perused application and reply (Exhibit-02) filed by the State. Heard
both sides at length.
3.

It has been alleged by the informant that he received phone calls
from unknown numbers inquiring about need of Home-loan to him. As the
loan was promised at lesser interest, he agreed to avail the same and
therefore he provided documents through WhatsApp as were sought. It is
further alleged that under the garb of loan process and other fees, accused
extracted an amount of Rs.41,995/- from informant. Accused sent e-mail to
the informant thereby showing that the loan was sanctioned. But despite
repeated follow ups, loan was not being disbursed. Therefore, he rushed to
the bank and came to know that no loan proposal is received by the Bank nor
loan is sanctioned, revealed that phone calls received by him were nothing
but fraudulent fishing calls. No loan was sanctioned by bank. Thus, after
finding himself to have been cheated, informant lodged present FIR.
4.

Mr. U. L. Singh learned advocate for applicants submits that there
is allegations of receipt of an amount of Rs.37,000/- (Thirty seven thousand
only) in bank account of Deepak Muni (A-1) and Rs.3,999/- in account of
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BA 432/2024
Ankaj Yadav (A-3). Applicants were already in judicial custody in connection
with some other offence (C.R.No.705 of 2022, BKC Police Station, Mumbai)
and he was arrested in present crime on 19.12.2023. He further submits that
investigation is completed and chargesheet is also filed on 16.02.2024. Mr.
Singh submits that applicants are ready to abide any condition imposed by
this Court, including condition to deposit amount. Ultimately, he prays to
release applicants/accused on bail.
5.

Per contra Mr. Ajit Chavan, the Ld APP, strongly objects application
by filing detail reply (Exhibit-02). Mr. Chavan fairly concedes that
investigation is complete. However, he adds that the amount of cheating,
which is transferred into bank account of applicants, could not be recovered.
He submits that bank account details of Deepak (A-1) clearly shows that he
received Rs.37,000/- (Thirty seven thousand only) from time to time (as
detailed in reply). So also an amount of Rs.3,999/- was deposited by
informant on account of applicant No.3 Ankaj Yadav. Bank details thereof are
already collected by the Investigating Officer. He, in alternate, prays to
impose condition to deposit said amount, if this Court pleases to release
applicants on bail.
6.

Admittedly, amount involved in the present offence is of
Rs.41,995/-, which is not a huge amount. Investigation revealed that
applicant No.1 has received an amount of Rs.37,000/- (Thirty seven
thousand only).
7.

The applicants are behind bars since last more then two months.

Chargesheet is already filed. Applicants are ready to deposit amount received
by them without prejudice to their rights. In view of the aforesaid, I find that
further detention of applicants are unwarranted and they can be released on
bail on certain conditions. Hence, I pass following order-
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BA 432/2024
ORDER
A]
The Criminal Bail Application No. 432 of 2024 is allowed.

B]
The applicant Deepak Babula Muni, Manish Sudhir Magam
and Ankaj Sabhajit Yadav be released on bail in connection
with C.R.No. 169 of 2023, registered with Azad Maidan Police
Station for an offence punishable under sections 419 and 420 of
the Indian Penal Code, 1860 and Sections 66 (C) and 66 (D) of
the Information and Technology Act 2000, on their executing P.
R. of Rs.15,000/- (Fifteen thousand only), each along-with
one surety in like amount with the conditions that ;
i)
Applicant No.1 Deepak Muni shall deposit sum of
Rs.37,000/- (Thirty seven thousand only) before the learned
Metropolitan Magistrate, Mumbai, as condition of precedent.

ii)
Applicant No.3 Ankaj Yadav shall deposit sum of Rs.3,999/(Three thousand nine hundred and ninety nine only) before
the learned Metropolitan Magistrate, Mumbai as condition of
precedent.

iii)
Applicants 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 them from disclosing
such facts to the court or to tamper with the evidence.

iv)
They shall furnish two documents as to proof of their
residence with their active phone numbers to the concerned
police station within 7 days after their release from the jail.

v)
C]
They shall not commit any criminal act while on bail.

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

D]
The applicants/accused to furnish the bail before the Ld. trial
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BA 432/2024
court.
E]
The Bail Application is disposed of accordingly.

Date :26.02.2024
Dictated on
Transcribed on
Corrected on
Singed on
: 26.02.2024
: 27.02.2024
: 27.02.2024 (AOH)
: 28.02.2024
(Dr. S. D. Tawshikar)
Additional Sessions Judge,
City Civil Court, Gr. Mumbai
C.R.No.10
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BA 432/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
28-02-2024 at 02:00p.m
NAME OF STENOGRAPHER
Mr. Gopal N. Sutar
Name of the Judge
(with Court Room No.)
Date of
ORDER
Pronouncement
Dr. S.D. Tawshikar
C.R. No.10
of
JUDGMENT/ 26-02-2024
JUDGMENT/ORDER signed by P. O. on
28-02-2024
JUDGMENT/ORDER uploaded on
28-02-2024