B.A. 64/24 MHCC020004172024

IN THE COURT OF SESSION FOR GREATER BOMBAY CRIMINAL BAIL APPLICATION No.64 OF 2024

Nikesh s/o Narayan Tak
Age 32 years, Occ : Business and Agri,
R/o Gajanan Nagar, Georai,
Dist. Beed, Maharashtra 431127 ….Applicant
– Versus

The State of Maharashtra (At the instance of Nodal Cyber Police Station C.R.No.02/2020 (Corresponding C.R.299/2019 Azad Maidan Police Station) .… Respondent

Appearance :Adv. Shantanu Kolhe for the Applicant/accused.
APP Iqbal Solkar for the respondent present.

CORAM : RAJESH A. SASNE, ADDITIONAL SESSIONS JUDGE, COURT ROOM No. 30. DATED : 18/01/2024

ORDER

This is an application filed by the accused u/sec.439 of Criminal Procedure Code for releasing him on bail in connection with CR.No.C.R.No.02/2020 (Corresponding C.R.299/2019 Azad Maidan Police Station) registered at Nodal Cyber Police Station Mumbai for the commission of offences punishable u/sec. 420,468,469,409,120(b) of The Indian Penal Code and Section 66(C), 66(D) of the Information Technology Act, 2000.

2.It is alleged by the applicant / accused that he is innocent and falsely implicated in the present case. The accused is arrested on 22.11.2023. 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 accused behind bars. He is a permanent resident of his given address therefore he prayed for releasing him on bail.

3.The prosecution opposed the application by filing reply vide Exh.2. The investigation is not completed therefore if the accused is released on bail there are chances of flee from justice. 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.As per case of the prosecution, informant is authorized officer of Maharashtra State Skill Development Society (In short “Society”) and the said society implements various skill development
schemes for the State and Central Government. For the implementation of the scheme, training providers were empanelled. As per scheme, on receipt of work order, such empanelled centers have to mobilized candidate, complete training and provide suitable employment and for this purpose, Maharashtra Government is providing Rs. 15,000/- to each empanelled center for each student. There is online provision to complete the process of empanelment of training center. It is further case of the prosecution that society has carried out inspection of the empanelled centers and found that within district of Beed, Maharashtra, 10 institutes though registered, but there is no physical existence of
these institutes. It is further noticed that Assistant Director Tausif Shaikh has generated these bogus entities and some of them were registered on Sunday the day of holiday for the office. He was arrested
and later on released on bail. Co-accused Swati Bhalshankar was arrested and released on regular bail by the Magistrate.

6.It is alleged that on inspection of said institutes, it was revealed that no such institutes were actually functioning at their registered places. Some institutes were listed on 04.11.2018 on the day of holiday. There is allegation of misuse of the website. There is also allegation that web portal was hacked. Ten bogus institutes were registered by S.M. Tausif Shaikh. It is revealed that the training institutes have uploaded the false and forged documents.

7.The present accused has been arrested on 22.11.2023. Since near about 2 months he is behind bars. The role attributed to the present applicant / accused is that he alleged to have registered Trimurti Skill Center the alleged bogus training institute. It is alleged that false process of empanelment was made. Bogus entries of registration of students and their attendance was made. It is alleged that the applicant thereby obtained government funds against each candidate for providing training. The alleged offence has been disclosed in the year 2019. Accused Dilip Pawar and accused Vijay Rise has been granted protection of pre-arrest bail. The accused Swati Bhalshankar and accused Tausif Shaikh are already released on bail. The role of Swati is of like nature as the present applicant / accused has. The material allegation against Tausif Shaikh is that he empanelled said 10 bogus institutes. He has been released on bail. Considering the role attributed to the present applicant / accused on the ground of parity, he will be entitled for bail. In the reply of the prosecution it appears that in respect of Trimurti Skill Center the training institute of the present accused, part of the investigation has been completed. The police have visited and verified the facts related to this institute. They have inquired about the same. Rest of the part with respect to the documentary evidence which was on-line process, same is available with the Investigating Officer. Further incarceration of the applicant / accused is not necessary. Therefore, he is entitled for the bail. Hence I pass the following order :

ORDER

1.Bail Application No.64 of 2024 is allowed.

2.Applicant / Accused Nikesh s/o Narayan Tak, arrested in C.R.No.02/2020 (Corresponding C.R.299/2019 Azad Maidan Police Station) under Section 420,468,469,409,120(b) of The Indian Penal
Code and Section 66(C), 66(D) of Information Technology Act, 2000 registered with Nodal Cyber Police Station 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 attend the concern police station on 1st and 3rd Saturday of every month till filing of the charge sheet.

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 concern Magistrate.

Date : 18/01/2024 Dictated on Transcribed onSigned by HHJ on : 18/01/2024 : 19/01/2024 : 20/01/2024 ( RAJESH A. SASNE ) Additional Sessions Judge, Gr. Mumbai. 6 B.A. 64/24 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED ORDER.” 20/01/2024 5.39 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 18/01/2024 ORDER signed by P.O. on 20/01/2024 ORDER uploaded on 20/01/2024