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BA 339-24
MHCC020024942024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.339 OF 2024
Mukul Asharam Singh
Age 20 years, Occ – Student,
R/o Pachiyaki Ganji, Arora Bhavan
Marg, Gawlior, Madhya Pradesh.

….Applicant
– Versus The State of Maharashtra
(At the instance of South Cyber Police Station
Mumbai C.R.No.30/2023)
.… Respondent
Appearance :Adv. Shailesh Kharat for the Applicant/ accused.
APP Iqbal Solkar for the respondent present.

CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 02/03/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
crime registered at South Region Cyber Police Station, Mumbai Vide
C.R.No. 30/2023 for commission of offence under Section 419, 420 of
The Indian Penal Code and Section 43, 66(D) of the Information
Technology Act, 2000.

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It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The applicant is in custody
since 07.01.2024. He has undergone custodial interrogation. There is no
criminal antecedents against the present accused. Nothing is to be
seized or recovered from the possession of the accused. The applicant /
accused is permanent resident of his given address. Therefore, there is
no point in keeping accused behind bars till conclusion of trial.
Therefore he prayed for releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused is
released on bail it will affect the collection of evidence. There is
material against the applicant / accused. If accused is released on bail
she will flee away from the justice. There is material evidence to show
the involvement of the accused in the present crime. If the accused is
released on bail there are chances of threatening of prosecution
witnesses and tampering of 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.

It is the case of the prosecution that that one Mr. Mahesh
Sohanlal Jhawar lodged report that during the period of 27.09.2023 to
29.09.2023 Sim Card of his mobile was switch off by somebody by
alteration in system and by use of said mobile number his internet
banking account was operated by somebody. The amount of
Rs.90,00,001 were transferred from his bank account to the account of
one Vikas Singh. Therefore, report was lodged, and offence is
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registered. During investigation it was revealed that after the transfer of
aforesaid amount to the account of said Vikas Singh certain amount was
transferred from the said account of Vikas Singh to many accounts
including the account of the present applicant Mukul Singh. The
amount of Rs.6,01,000/- has been transferred in the account of the
applicant. Out of the said amount on 28.3.2023 Rs.3 lakhs and on
29.9.2023 Rs.2,80,000/- are withdrawn at ATM at Gwalior.
6.

Therefore, the role attributed to the present applicant /
accused is of the account holder of beneficiary account. The alleged
offence is punishable for seven years. The accused has been arrested on
07.01.2024 for near about two months, he is behind bars. Investigation
related to the present accused must have been completed. The accused
is the beneficiary account holder. If reasonable conditions securing his
presence are imposed, he will be entitled for the bail. In the result, I
pass the following order :
ORDER
1.

Criminal Bail Application No.339 of 2024 is allowed.

2.

The Applicant / Accused Mukul Asharam Singh, arrested in
C.R.No.30/2023 under Section 419, 420 of The Indian Penal Code and
Section 43, 66(D) of the Information Technology Act, 2000, registered
with South Region Cyber Police Station Mumbai be released on bail on
furnishing P.B. and S.B. of Rs.25,000/- 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 concern police
station on 1st and 4th Saturday of every month between 11.00 a.m. to
2.00 p.m. till framing of charge.

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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 concern Magistrate.

8.

Criminal Bail Application No.339 of 2024 is disposed of
accordingly.
Date : 02/03/2024
Dictated on
Transcribe on
Signed by HHJ on
: 02/03/2024
: 05/03/2024
: 06/03/2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
07/03/2024
1.46 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 02/03/2024
ORDER signed by P.O. on
06/03/2024
ORDER uploaded on
07/03/2024