MHCC020045592024
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IN THE COURT OF SESSIONS FOR GR. BOMBAY
Criminal Bail Application No.680 of 2024
Niranjan Pradeep Kumar
Age :- 22 Years,
R/at : Vadakkumcherry (H)
P .O. Panangad. S. N. Puram,
Thrissur, Kerala.

..Applicant/accused
Versus
The State of Maharashtra
At the instance of Marine Drive Police
Station, Mumbai. (C.R.No.14 of 2024)
…Respondent/State
Coram : DR. Shri S. D. Tawshikar
(Court No. 10)
Heard on
: 18.03.2024
Decided on : 18.03.2024
Appearance:
Adv. Mr. Bhushan Deshmukh for applicant/accused
Addl. P.P. Mr. Ajit Chavan for State.
ORDER
(Dictated and pronounced in open court)
This is the first bail application, under Section 439 of Code of
Criminal Procedure, 1973 (“CrPC” in short), before filing of chargesheet, in
connection with C.R. No.14 of 2024, registered with Marine Drive Police
Station for offences punishable under sections 170, 419, 420, 465, 467 r/w
section 34 of the Indian Penal Code, 1860 (“IPC” in short) and section 66 (D)
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of the Information and Technology Act, 2000.

Cri.B.A.680-2024
2.

Perused application, reply (Exhibit-02) filed by the State.

3.

Heard both sides.

4.

One Virendra Sevantilal Shroff (informant) has lodged instant
FIR alleging that on 18.01.2024 he received anonymous calls from mobile
number xxxxxx0074. The person calling introduced himself as officer of
Custom Department of Uttar Pradesh. The informant was badly threatened
that a parcel send by him, having Contraband substance is seized by the
Police. One more person called to the informant as a Police Officer and
alleged that he will take action regarding money laundring. The informant
was so much afraid that on the instructions of caller, he transferred sum of
Rs.3,50,000/- (Three Lakh fifty thousand only) on bank account number
given by the caller. Informant later revealed that that was fake call and he is
cheated. Hence the FIR.
5.

It has been alleged that present applicant was actively involved
in various Cyber offences. SIM Card No.XXXXXX3775, which is registered in
the name of mother present applicant, is attached to the bank account of
accused Apurva Mishra (absconding accused). So also this mobile number is
linked with Email ID’s of co-accused Amaljit.
6.

Mr. Deshmukh the learned advocate for applicant submits that
applicant came to be arrested on 20.02.2024 and since then he is behind
bars. He further submits that co-accused namely Amaljit is already released
on bail by this Court, vide order dated 13.03.2024. He has placed copy of
that order on record. The learned advocate for applicant further submits that
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Cri.B.A.680-2024
practically investigation against present applicant is over. The amount alleged
to have involved in present offence is hardly of Rs.3,50,000/- (Three Lakh
fifty thousand only). The allegations of informant, who happens to be an
educated businessman seems unrealistic. He further submits that applicant is
24 years old aged youth. He has no criminal antecedence and therefore he
may be released on bail.

Per contra the learned APP Mr. Ajit Chavan as well as
7.

investigating officer strongly objected the bail application. Learned APP
submits that an amount of Rs.45,000/- (Forty-two thousand only) from bank
account of present applicant, came to be transferred on the account of one of
the co-accused. He submits that applicant has traveled to Dubai soon before
the alleged offence. Further investigation is still pending. If accused is
released on bail that may hamper further investigation.
Admittedly, applicant was in police custody for about four days
8.

and thereafter he is kept in judicial custody. Thus, Investigating Officer has
got sufficient opportunity to interrogate applicant. Admittedly, one
co-accused is already released on bail by this Court. Considering the nature of
involvement of present applicant, I find his further detention is unwarranted.
He can be released on bail, however, subject to certain conditions. Hence, I
pass following order.
ORDER
A]
The Criminal Bail Application No. 680 of 2024 is allowed.

B]
The applicant Niranjan Pradeep Kumar be released on bail in
connection with C.R.No. 14 of 2024, registered with Marine Drive
Police Station for offences punishable under sections 170, 419,
420, 465, 467 r/w section 34 of the Indian Penal Code, 1860 and
section 66 (D) of the Information and Technology Act, 2000, on
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Cri.B.A.680-2024
his executing P. R. of Rs.25,000/-(Twenty five thousand only)
along-with one or two sureties in like amount with the
conditions that ;
i)
Applicant shall not tamper with the evidence of prosecution.

ii)
Applicant shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him from disclosing such
facts to the court or to tamper with the evidence.

iii)
Applicant shall furnish documents as to the proof of his
identity, residence, E-mail ID and his active phone number
along-with bail bonds.

iv)
Applicant to notify the respondent police station as the
change of his address, mobile number etc, if any.

v)
C]
Applicant shall not commit any criminal act while on bail.

Breach of any condition shall entail the consequences of
cancellation of the bail.

D]
Bail before the learned Trial Court.

E]
The Bail Application is disposed of accordingly.

Date : 18-03-2024
Dictated on
Transcribed on
Corrected on
Signed on
: 18-03-2024
: 19.03.2024
: 19-03-2024 (AOH)
: 20-03-2024
(Dr. S. D. Tawshikar)
Additional Sessions Judge,
City Civil Court, Gr. Mumbai
C.R.No.10
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Cri.B.A.680-2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
20-03-2024 at 02:00p.m.

NAME OF STENOGRAPHER
Mr. G. N. Sutar
Name of the Judge
(with Court Room No.)
Date of
ORDER
Pronouncement
Dr. S. D. Tawshikar
C.R. No.10
of
JUDGMENT/ 18-03-2024
JUDGMENT/ORDER signed by P. O. on
20-03-2024
JUDGMENT/ORDER uploaded on
20-03-2024