MHCC020040622022
IN THE SESSIONS COURT FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.709 OF 2022
(CRIME NO.392 OF 2021, V. B. NAGAR POLICE STATION)
CNR No.MHCC02-004062-2022
Manish Vikram Gupta,
Age : 31 years, Occ. : Business,
Residing at : Room No.2, Vinayak Patil
Chawl, Nerul Station Road, Near Goodwill
Arcaden Building, Sector 10, Nerul (W),
Navi Mumbai – 400 706.
At present lodged at Arthur Road Prison,
Mumbai.

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… Applicant/
Accused
Vs.
The State of Maharashtra,
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At the instance of V. B. Nagar police station,]
Mumbai vide their C. R. No.392/2021.
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… Respondent
Appearances :Mr. Sandeep Ramkar, Ld. Adv. for applicant.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondent/State.
CORAM : PURUSHOTTAM B. JADHAV,
ADDL. SESSIONS JUDGE,
COURT ROOM NO.22.
DATE : 13th April, 2022.
Addl. Sessions Judge
-2-
BA 709/22
ORDER
1.

This
is
an
application
for
regular
bail.

The
respondent/State resisted it by filing say at Exh.2. Read the application
and say. Heard both sides. Perused the record.
2.

It is alleged that accused No.1 Saurav Pal got the mobile
numbers of the consumers from the applicant and then, accused No.1
contacted the first informant on the said mobile number. It is further
alleged that accused No.1 pretended that he was calling from Reliance
Company and for exchange of Television set purchased by the first
informant, it was necessary to deposit certain amount and by deceiving
in the same manner, accused No.1 asked the first informant to deposit
certain amount. Accordingly, the first informant deposited amount of
Rs.5,198/- from time to time. On such allegation, offence under
Sections 419, 420 r/w. 34 of the Indian Penal Code and under some
Sections of the Information Technology Act came to be registered.
3.

Undisputedly, the offences registered against the applicant
are not punishable with imprisonment for more than seven years. In
such cases, the bail is a rule and jail is an exception. Learned A.P.P.
submitted that the applicant is mainly responsible for the commission
of offence. He further submitted that there are number of complaints
against accused No.1. He further submitted that there is possibility of
repetition of offence and abscondance of the applicant. Considering
theses submissions, it is clear that the bail application is resisted only
on two grounds. First is the possibility of repetition of offence and
second is abscondance of the applicant. So far as these grounds are
concerned, the bail conditions will take care of them. It is also to be
noted that the investigation is already completed and the charge-sheet
Addl. Sessions Judge
-3-
BA 709/22
is also filed. Though, there is allegation of cheating of Rs.2,83,214/-.
But, the present case is in respect of only amount of Rs.5,198/-.
Considering all these facts, it would be just and proper to grant bail to
the applicant. Accordingly, I pass the following order :ORDER
1.

Bail Application No.709 of 2022 is hereby allowed.

2.
Applicant Manish Vikran Gupta in C.R. No.392 of 2021
registered with V. B. Nagar police station for the offence punishable
under Sections 419, 420 r/w. 34 of the Indian Penal Code and Section
66(C) and (D) of the Information Technology Act, shall be released on
bail on executing P.R. bond of Rs.15,000/- with one surety in the like
amount, and on following conditions :(a)
He shall not tamper with the witnesses and evidence ;
(b)
He shall furnish his detail address, mobile/contact number,
address proof and identity proof at the time of furnishing bail ;
(c)
In case of change of his residence or mobile/contact
number, he shall inform it to the Court and Investigating Officer ;
(d)
He shall attend the Court regularly ;
(e)
He shall co-operate with the Investigating Officer.

3.
Bail shall be furnished before concerned Metropolitan
Magistrate.
4.

Bail Application is disposed of accordingly.
Digitally signed
by
PURUSHOTTAM
BHAURAO
JADHAV
Date: 2022.04.18
13:07:33 +0530
Date : 13/04/2022.
Directly typed on Computer on
Printed on
Signed on
Addl. Sessions Judge
( Purushottam B. Jadhav )
ADDL. SESSIONS JUDGE,
CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.
: 13/04/2022.
: 18/04/2022.
:
-4-
BA 709/22
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
18/04/2022 at 1.10 p.m.

NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri. Purushottam
Room No.)
Jadhav (Court Room No.22)
Date
of
Pronouncement
JUDGMENT/ORDER
of 13/04/2022.

JUDGMENT/ORDER signed by
P.O. on
18/04/2022.

JUDGMENT/ORDER uploaded on
18/04/2022.

Addl. Sessions Judge
B.