MHCC020001392024 IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.24 OF 2024

Manoj Pukhraji Jain,
Age 40 years, Occ: Business,
R/at : Room No.301, Plot No.524/527,
Turbhe, Sector 22, Navi Mumbai,
Thane 400703 … Applicant/Accused No.5

– Versus

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

Appearance :Mr. Prabhanjay R. Dave Advocate for applicant.
Mr. Solkar, A.P.P. for respondent.
CORAM : RAJESH A. SASNE ADDITIONAL SESSIONS JUDGE, COURT ROOM No. 30.
DATED : 09/01/2024

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 19/10/2023. 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 prayed for releasing him on bail.

3.The prosecution opposed the application by filing reply vide Exh.2. If 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.It is alleged by the prosecution that the applicant / accused has received Rs.4,50,000/- out of which Rs.2 lakhs have been recovered from him. It is alleged that at the instance of accused Suresh Jain, the
present applicant / accused received Rs.4,50,000/- and handed over the same to the accused Paras Prajapati.

7.The accused is arrested on 19.10.2023 since last four 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 to allow the application. In the result I pass the following order :

ORDER

1.Bail Application No.24 of 2024 is allowed.

2.Applicant / Accused Manoj Pukhraji Jain, arrested in C.R.No.24/2023 under Section 420,465,467,468, 471, 120(b) of the Indian Penal Code and Section 66(C), 66(D) of the Information Technology Act, 2000 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.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.

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

7.Bail before the learned Trial Court.

Date : 09/01/2024 Dictated on Transcribed on Signed by HHJ on : 01/01/2024 : 10/01/2024
: 12.01.2024 ( RAJESH A. SASNE ) Additional Sessions Judge, Gr. Mumbai. “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED ORDER.” 12/01/2024 4.20 p.m. UPLOAD DATE TIME J.S. Chavan NAME OF STENOGRAPHER Name of the Judge (With Court H. H. Additional Sessions Judge Shri. Room No.) R.A.Sasne, Court Room No. 30. Date of Pronouncement of ORDER 09/01/2024 ORDER signed by P.O. on 12/01/2024 ORDER uploaded on 12/01/2024