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Cri BA No.590/2024
MHCC020038392024
IN THE COURT OF CITY CIVIL AND SESSIONS AT GRATER BOMBAY
COURT ROOM NO.23
(Presided over by Shri N. P. Tribhuwan, Additional Sessions Judge)
CRIMINAL BAIL APPLICATION NO.590 OF 2024
Applicant :
Laxmishanker Chabinath Yadav
Age : 36 years, Occ : Service,
R/o : Naratua, Santh Rohidas Nagar Aurai,
Bhadohi, Uttar Pradesh 221301
VERSUS
Respondent :
The State of Maharashtra,
Through Pydhonie Police Station
Mr. Sandeep Dubey, learned Advocate for applicant/accused.
Mrs. Ranjana Budhwant, learned APP for the State.
ORDER
(Delivered on 11/03/2024)
This is an application under Section 439 of Cr.P.C. for
releasing accused Laxmishanker Chabinath Yadav on bail in Crime
No.52/2024 for the offences punishable under Sections 420, 465, 466,
468, 471 r/w 34 of Indian Penal Code and Section 66D of Information
Technology Act, registered with Pydhonie Police Station, Mumbai.
2.
Heard learned Counsel for accused and learned APP for the
State. Perused Bail Application, say/reply and other documents.
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3.
Cri BA No.590/2024
It is case of prosecution that informant/complainant Police
Head Constable Shri Sachin Bhiku Malusre has given complaint/report
in Pydhonie Police Station on 20.01.2014. He alleged that between
20.08.2023 to 24.11.2023, Aman Ramakant Tiwari has filed Birth
Certificate of his father for the purpose of obtaining passport. He has
prepared the said forged birth certificate by preparing forged website
https://crsorgigovr-co-in/web/index-p/auth/birthcertificate/view/b.
Therefore, the crime was registered against Aman Ramakant Tiwari for
offence punishable u/Sec.420, 465, 466, 468, 471 r/w 34 of IPC and 66
(D) of Information Technology Act. During inquiry, accused Aman
Tiwari has told that he has obtained the said birth certificate to Rajesh
Kumar Morya from District Hospital Bhadohi, UP. Thereafter, the CDR of
the mobile phone of Rajesh Kumar Morya was collected. It revealed
from the CDR that Rajesh Kumar Morya is resident of Ghamapur, Aurai,
Sant Ravidas Nagar, Uttar Pradesh.
4.
On 14.02.2024, Rajesh Kumar Morya was appeared in
police station. He told that he has obtained the said birth certificate
from Shyam Sundar Yadav. Accordingly, Shyam Sundar Yadav appeared
in police station and stated that he has obtained the said birth
certificate from the Seva-Kendra viz. Aryan Studio. The link of the said
website was received from the whatsapp of Laxmishankar Yadav
(present accused/applicant). Thereafter, police arrested Laxmishankar
Yadav.
5.
Learned counsel for applicant argued that accused was
produced before learned trial court on 22.02.2024 wherein, he is
remanded to the judicial custody. Learned trial court has rejected the
bail application on 23.02.2024. It revealed that the said certificate was
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Cri BA No.590/2024
obtained from Rajesh Kumar Morya from District Hospital by paying
legal fees. Applicant has taken fees of Rs.200/- for preparing birth
certificate. If, applicant would have knowledge that the certificate is
fake, he would take more than Rs.200/-. The shop of applicant only
used for transferring money. Applicant is the victim of circumstances.
He was not aware about the link which had received is not authenticate
or proper.
6.
According to prosecution, one mobile phone with two SIM
Cards seized from accused. Now it is to be investigated whether accused
himself has prepared the said fake website link ?, whether there are
other co-accused ? If accused is released on bail, he will destroy the said
fake link. Accused is resident of Uttar Pradesh and if he is released on
bail, he will not remain present. The investigation is in progress.
7.
Remand paper shows that during investigation, the
Investigating Officer has seized mobile phone and two SIM cards from
present applicant/accused. Evidence is in the nature of electronic
document. Most of the investigation is completed. Offence is punishable
upto 7 years. Accused/applicant has no criminal antecedent. Taking into
consideration the facts of the case, nature of allegations and offences, it
is desirable to release accused/applicant on bail on following
conditions. Hence, I pass following order.
ORDER
1.
Criminal Bail Application No.590 of 2024 is allowed as
under.
2. Applicant Laxmishanker Chabinath Yadav is released on bail
in Crime No.52/2024 for the offences punishable under Sections
420, 465, 466, 468, 471 r/w 34 of Indian Penal Code and Section
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Cri BA No.590/2024
66D of Information Technology Act, registered with Pydhonie
Police Station, Mumbai.
i) Applicant shall execute a Personal Bond for a sum of
Rs.15,000/- and furnish one or more sureties in the like amount.
ii) Applicant shall not tamper with any of the prosecution
witnesses, directly or indirectly.
iii) Applicant shall co-operate with the investigation and make
himself available for interrogation whenever required.
iv) Applicant shall not misuse his liberty.
v) Applicant shall furnish his detailed address and mobile number
to the investigation officer and the concerned court. In case
applicant change his residence/address and mobile number, he
shall furnish the same to the I.O and concerned court.
3. Bail before learned trial court.
NITIN
PUNJAJI
TRIBHUVAN
Date : 11.03.2024
Digitally signed
by NITIN
PUNJAJI
TRIBHUVAN
Date: 2024.03.11
16:28:17 +0530
(N.P. Tribhuwan)
Additional Sessions Judge,
CR.No.23, Gr. Mumbai.
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Cri BA No.590/2024
Direct dictated on : 11.03.2024
Checked on
: 11.03.2024
Signed on
: 11.03.2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
11.03.2024 at 4.26 p.m.
UPLOAD DATE AND TIME
Mrs. K.S.Bhosale
NAME OF STENOGRAPHER
Name of the Judge (with CR No.) HHJ SHRI. N. P. TRIBHUVAN
(C.R.No.23)
Date of announcement of Order
11.03.2024
Order signed by P.O. on
11.03.2024
Order uploaded on
11.03.2024