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MHCC020030202024
IN THE COURT OF SESSIONS FOR GR. BOMBAY
Criminal Bail Application No.420 of 2024
Gautam Gopal Mohan Verma
Age :- 36 Years, Occ: Service
R/at : 145 block C Amar Vihar Vikas
Kunj, Loni Dehat, Ghaziabad,
Utter Pradesh 263139.

..Applicant/accused
Versus
The State of Maharashtra,
At the instance of Cuffe Parade
Police Station, Mumbai.
(In Crime No.251 of 2023)
…Respondent/State
Coram : DR. Shri S. D. Tawshikar
(Court No. 10)
Heard on : 13.03.2024
Decided on : 13.03.2024
Appearance:
Adv. Mr. Rajesh Chavan for applicant/accused
Addl. P.P. Mr. Ajit Chavan for State.
ORDER
(Dictated and pronounced in open court)
This is the first bail application, under Section 439 of Code of
Criminal Procedure, 1973 (“CrPC” in short), after filing of chargesheet, in
connection with C.R. No. 251 of 2023, registered with Cuffe Parade Police
Station, Mumbai for the offences punishable under sections 384, 465, 466,
468, 471, 419, 420 r/w section 34 of the Indian Penal Code, 1860 (“IPC” in
short) and Sections 66 (c) and 66 (d) of the Information and Technology Act,
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Cri.B.A.420-2024
2000 (“IT Act” in short). Applicant had filed one bail application earlier, but
before filing chargesheet, same was rejected by this court.
2.

Perused application and reply (Exhibit-2) filed by prosecution.

Heard both sides extensively.
3.

The informant is a 71 years old lady. It has been alleged that
she received few phone call from anonymous numbers and persons. She was
told that her amount deposited by her husband in Provident Fund (PF) long
back, is now enhanced to Rs.11 Crore. So as to get said amount, informant
was asked to deposit certain amounts for government clearances and tax. It
appears that informant and her husband were lured by the accused by calling
them repeatedly posing themselves as PF officers. Under the garb of various
taxes and fees for disbursement of the Rs. 11 crore, they fraudulently got
huge amount of Rs.4,35,50,277/- from the informant and her husband. No
amount was paid by said persons as was promised. When informant came to
know about cheating, present FIR came to be lodged.
4.

It has been alleged by the prosecution that present applicant, in
connivance with other co-accused, has cheated old aged informant and
routed said amount to various bank accounts and ultimately transferred it to
bank accounts overseas.
5.

Heard Mr. Rajesh Chavan the learned advocate for applicant. He
invited attention of this Court to the chargesheet and submits there are
limited allegations against applicant with respect to reception of an amount
of Rs.25,96,130/- in his the HDFC bank account. He submits that, said
amount was actually received by the applicant on request of co-accused
namely Rahamatullah (absconding). He had told present applicant that said
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Cri.B.A.420-2024
amount is being received by him against sale of his own flat. Later on
Rahamatullah (absconding) withdrawn said amount by using Debit-Card of
applicant. He submits that investigation against applicant is over and
chargesheet is already filed. He submits that applicant is ready to co-operate
in investigation and will also abide any conditions imposed by this Court.
6.

Per contra the learned APP Mr. Ajit Chavan strongly objects the bail
application by filing reply. He submits that there are two criminal antecedents
to the credit of present applicant one is from Hyderabad and another from
Lucknow. He submits that bank statement of applicant reveals reception of
amount from informant and subsequently withdrawn. He submits that
applicant is having multiple bank accounts in different Banks. He has same
modus of opening new account for different offence of cheating. The learned
APP ultimately, submits that if this Court come to conclusion to grant bail,
condition of deposit amount, which was received by the applicant in his
account, be imposed.
7.

It appears that applicant came to be arrested on 23.11.2023.

admittedly, applicant is not the main accused. Chargesheet is already filed
against him on 22.01.2024.
8.

The offence alleged against applicant mainly pertains that reception
on amount on his account and withdrawal of the same. It appears that
amount received in the account of present applicant, is already withdrawn by
co-accused. Evidence to that effect is already collected by prosecution. Hence,
I find no apprehension of tampering evidence at the hands of
accused/applicant. Though, there are two criminal antecedents reported
against applicant, however that cannot be the sole reason to refuse bail.
Considering
over
all
circumstances,
I
find
further
detention
of
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Cri.B.A.420-2024
applicant/accused behind bars is unwarranted. Hence, he can be released on
bail subject to stringent conditions, so that he would not indulge in other
offences and remain present to face the trial. Hence, I pass following order.
9.

Hence, I pass following order.
ORDER
A]
The Criminal Bail Application No. 420 of 2024 is allowed.

B]
The applicant Gautam Gopal Mohan Verma be released on bail
in connection with C.R. No. 251 of 2023, registered with Cuffe
Parade Police Station, Mumbai for the offences punishable under
sections 384, 465, 466, 468, 471, 419, 420 r/w section 34 of the
Indian Penal Code, 1860 and Sections 66 (c) and 66 (d) of the
Information and Technology Act, 2000, on his executing P. R. of
Rs.1,00,000/-(One Lakh only) along-with two solvent sureties
in like amount with the conditions that ;
i)
Applicant shall not move out of India during pendency of
investigation and the trial without prior permission of trial
Court.

ii)
Applicant to visit Cuffe Parade Police Station for the purpose
of investigation with respect to absconding co-accused, as
and when called by Investigating Officer on written
intimation.

iii) Applicant shall not tamper with the evidence of prosecution.
iv) Applicant
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 him from disclosing such
facts to the court or to tamper with the evidence.
v)
Applicant shall furnish two documents as to proof of his
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Cri.B.A.420-2024
residence with his active phone number to the concerned
police station within 7 days after his release from the jail.
vi)
C]
Applicant shall not commit any criminal act while on bail.

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

D]
Bail before the learned Trial Court.

E]
considering criminal antecedent and seriousness of the
allegations, request for provisional cash bail is rejected at this
stage.

F]
The Bail Application is disposed of accordingly.

Date : 13-03-2024
Dictated on
Transcribed on
Corrected on
Signed on
: 13-03-2024
: 15.03.2024
: 15-03-2024
: 15-03-2024
(Dr. S. D. Tawshikar)
Additional Sessions Judge,
City Civil Court, Gr. Mumbai
C.R.No.10
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Cri.B.A.420-2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
15-03-2024 at 02:00p.m.

NAME OF STENOGRAPHER
Mr. G. N. Sutar
Name of the Judge
(with Court Room No.)
Date of
ORDER
Pronouncement
Dr. S.D. Tawshikar
C.R. No.10
of
JUDGMENT/ 13-03-2024
JUDGMENT/ORDER signed by P. O. on
15-03-2024
JUDGMENT/ORDER uploaded on
15-03-2024