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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1879 OF 2022
CNR NO. MHCC020102392022
Kumari Anchal Manoj Sharma
Age: 19 years, Occ: Student cum Tutor,
R/at : Nehru Nagar, S.M. Road,
Near Antophill Church,
Antophill, Mumbai – 400037.
…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of D.B. Marg police station)
…Respondent/State
Appearances :
Mr. Nawaz Usmani, Ld. Advocate for the applicant/accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 12TH AUGUST, 2022
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. APP for the State. Perused
documents on record.
2.
The Ld. Advocate for applicant submitted that applicant is
arrested by D.B. Marg police station in connection with Crime
No.52/2022 for the offence punishable under Sections 419, 420 of IPC
and Sections 66(C), 66(D) of Information Technology Act. As per
allegations of informant, informant received call from mobile
No.8926184392 in the name of Bank of Baroda. It was stated to her
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that if KYC Account is not updated, her account will be block. As per the
instructions, informant provided OTP to the caller and thereafter
amount of Rs.45,477/ has been withdrawn from her account. It is case
of prosecution that during investigation, it was revealed that by the
online platform Freecharge, amount of Rs.15,000/ has been credited
in account of applicant. Therefore applicant is arrested by police. It is
further contended that mobile phone of applicant is seized by police. It
is further contended that applicant is 19 years old. Amount of
Rs.15,000/ is only credited in her account i.e. also not credited by her.
Prima facie no active role of applicant is revealed. There is no need of
custodial interrogation. Hence, prayed for grant of bail.
3.
Ld. APP filed say Exh.2 and opposed the application on the
ground that during investigation, transaction of Rs.2,81,000/ revealed
from account of applicant. Details of transaction are collected and prima
facie it is revealed that amount in the account of applicant is credited
from Freecharge vallet. Investigating is in progress. Possibility of
interstate offenders cannot be denied. Hence, prayed for rejection of the
application.
4.
In view of submissions from both the sides and on perusal
of application and say filed by IO, it is clear that mobile phone of
applicant is seized. Details of transaction are collected. It revealed that
amount of Rs.15,000/ is credited in account of applicant. Therefore,
material investigation in respect of applicant is completed. Further
investigation may be continued without detention of applicant. Taking
into consideration, age of applicant and her previous background that
she is no having any criminal antecedents as well as document showing
that she is student of Guru Nanak College of Arts, Science & Commerce.
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Therefore, in such circumstances, further custodial interrogation of
applicant is not required. Therefore, applicant is entitled to be released
on bail. Hence, I passed the following order :
ORDER
1.
Criminal Bail Application No. 1879 of 2022 is allowed.
2.
Applicant/accused Kumari Anchal Manoj Sharma be released on
bail on furnishing P.R. Bond of Rs.25,000/ along with one or two
sureties of like amount each in connection with C.R. No.52/2022
registered with D.B. Marg police station.
3.
Applicant/accused shall attend D.B. Marg police station on notice
by Investigating Officer.
4.
Applicant/accused shall furnish her residential address proof and
contact numbers to Investigating Officer.
5.
Applicant/accused 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 any Police Officer.
6.
Applicant/accused shall not leave India without previous
permission of the Court.
7.
Bail before Ld. Court below.
8.
Criminal Bail Application No.1879 of 2022 stands disposed of
accordingly.
Date : 12.08.2022
Dictated on
: 12.08.2022
Transcribed on : 12.08.2022
HHJ signed on : 12.08.2022
[A.A. KULKARNI]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
17.08.2022
Upload Time
4.30 p.m.
Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24)
Court Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 12.08.2022
JUDGMENT /ORDER signed by 12.08.2022
P.O. on
JUDGMENT /ORDER uploaded 17.08.2022
on