B.A. 100/2024 MHCC020006612024

IN THE COURT OF SESSIONS FOR GREATER BOMBAY CRIMINAL BAIL APPLICATION No.100 OF 2024

Krishna Bhagar Dalai
Age 45 years, Occ: Business,
R/at Room No.701, A wing,
Anand Green Ltd. Near Vasant Park,
Khadakpada, Kalyan (West) … Applicant

– Versus

State of Maharashtra, Through South Zone Cyber Police station, Mumbai vide Cr. No.24/2023 )
… Respondent

Appearance :Adv S.A. Dubey for the applicant. Mr. Solkar, A.P.P. for respondent. CORAM : RAJESH A. SASNE ADDITIONAL SESSIONS JUDGE, COURT ROOM No. 30. DATED : 22/01/2024
ORDER

This is an application filed by the accused u/sec.439 of Criminal Procedure Code for releasing him on bail in connection with C.R.No.24/23 registered with South Zone Cyber Police Station, Mumbai for the commission of offences punishable u/sec.420, 465, 467, 468, 471, 120 (B) of Indian Penal Code and section 66(c) and 66(d) of Information Technology Act.

2. It is alleged by the applicant / accused that he is innocent and falsely implicated in the present case.

The accused is arrested on 26/08/2023. He has undergone custodial interrogation. Nothing is to
be seized or recovered from the possession of the accused. Therefore, there is no point in keeping him behind bars. He is a permanent resident of his given address therefore he prayed for releasing him on
bail.

3.The prosecution opposed the application by filing reply vide Exh.2. If the accused is released on bail it will affect on the collection of evidence. The investigation is not completed therefore if accused is released on bail there are chances of flee from justice. If accused is released on bail there are chances of threatening of prosecution witnesses and tampering 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 applicant and ld. APP for the State.

5.I have gone through the application, reply, documents filed on record. It is the prosecution case that the informant is the Chief Manager of Bank of Baroda. He is assigned with the duty of clearing of
cheques of any branch of Bank of Baroda, which are received from CTS (Cheque Truncated System) between 14/08/2023 to 24/08/2023. One cheque of one of the customer of Bank of Baroda Mr. Javed Aslam, for an amount of Rs.1,63,61,040/- was received for process of payment. The said cheque was forged cheque. The informant was made to process the said forged cheque for clearing the payment. The cheque was in favour of YS Apparels of Ujeevan Small Finance Bank. Therefore, report was lodged and offence is registered.

6.The role of the present applicant / accused is that amount of Rs.1,15,50,000/- have been transferred to his bank account. The accused is arrested on 26.08.2023 since last more than three months he is
behind bars. Investigation is completed. Charge sheet is already filed. No recovery appears to be pending. The trial will take long time till then the accused can not be kept behind bars. It is not the stage to go through merit of the case. If reasonable conditions securing presence of the accused for trial are imposed, the accused will be entitled for bail. Hence, I am of the view of allow the application. In the result I pass the following order :

ORDER

1.Bail Application No.100 of 2024 is allowed.

2.Applicant / Accused Krishna Bhagat Dalai, arrested in C.R.No.24/2023 u/sec.420, 465, 467, 468, 471, 120 (B) of Indian Penal Code and section 66(c) and 66(d) of Information Technology Act registered with South Zone Cyber Police Station be released on bail on furnishing P.B. and S.B. of Rs.50,000/- with one or two sureties.

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

4.The applicant / accused shall regularly attend the dates of hearing of the case, unless exempted by the court.

5. The applicant / accused shall furnish details of his contact number and current address to the concerned investigation officer. He shall undertake to intimate to the concern Investigation Officer / Court if, there is any change in such details in future.

6.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.

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

8.Bail before the learned Trial Court.

Date : 22/01/2024 Dictated on Transcribed on Signed by HHJ on : 22.01.2024 : 22.01.2024 : 24.01.2024 ( RAJESH A. SASNE ) Additional Sessions Judge, Gr. Mumbai. B.A. 100/2024 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED ORDER.” 24/01/2024 UPLOAD DATE 3.00 p.m. TIME J.S. Chavan NAME OF STENOGRAPHER Name of the Judge (With Court H. H. Additional Sessions Judge Shri. R.A. Room No.) Sasne, Court Room No. 30. Date of Pronouncement of ORDER 22/01/2024 ORDER signed by P.O. on 24/01/2024 ORDER uploaded on 24/01/2024