CRI. BA 1040/2024
1
ORDER
MHCC020064602024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1040 OF 2024
( CNR NO.: MHCC02-006460-2024 )
MR. NITESHKUMAR KAPILDEV MANDAL
Aged: about 26 years, Occ-LABOUR,
R/A Behind Baba Borewell, Devghar-Dumka,
Girdih, Tal-Jarmandi, Dist-Dumki, Jharkhand
…Applicant/Accused
V/s.
The State of Maharashtra,
(At the instance of Pantnagar
Police Station vide C.R.No.152/2024)
…Respondent/State.

Appearance:Ld. Advocate Samadhan Sulane for the applicant/accused.
Ld. S. P.P. S.V. Kekanis and Ld. S.P.P Manisha J. Parmar for the
State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 29.04.2024.
ORDER
1.

This is an application under Section 439 of Code of
Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) in
connection with the crime vide C.R. No. 152 of 2024 dated 08.03.2024
registered with respondent/state for the offences punishable under
CRI. BA 1040/2024
2
ORDER
Sections 419, 420 of the Indian Penal Code, 1860 and u/s. 66(c) and
66(d) of the Information Technology Act, 2000.
2.
of
The respondent/state has strongly opposed to the bail plea
the
applicant on various
grounds
by
filing
their
written
say/submission at Exh-3.
3.

Perused the application, plea submissions, grounds raised
therein coupled with the documents placed reliance by the applicant.
Also, perused the written say/objection of respondent/state. Heard Ld.
Advocate for the applicant and the Ld. S.P.P. for respondent/state.
4.

Having heard to the rival parties and considered their
raised submissions contentions and record availed it inclined in
impugned crime the applicant alone is involved. Against him alleged
that on 26.02.2024 allegedly two phone calls received on his cell
number and informed that in regard to his credit card of IndusInd Bank
Insurance charges have been levied. It will deducted from your account.
The same is required to be stopped. Therefore, he must follow the
directions forwarded by him. He complied the same. However,
immediately he has received messages on his mobile phone that initially
amount of Rs.24,509/- deducted and transferred from his bank account
and later on again received a message of get transferred amount from
his bank account of Rs.24,958/-. Thereby, committing cheating in all
amount of Rs.49,467/- fraudulently grabbed from his bank account.
Thereby, raised the impugned crime of online fraud committed by the
applicant. His bail plea raised before the Ld. Trial Court is rejected on
20.04.2024 principally on the ground prima-facie active involvement
CRI. BA 1040/2024
3
ORDER
participation of him and in his bank account huge online fraud amounts
get transferred. The investigation is yet to completed. The applicant has
denied the entire allegations grievance raised against him. He raised the
plea of false implication and also raised general grounds.
5.

The respondent/state has strongly objected to the bail plea
of applicant on the ground he is native of other state i.e. Taluka
Jarmandi, District-Dumki, State Jharkhand. The involved two cellnumbers are of the applicant. From his cell phone two calls were
forwarded to the victim by misleading concealing him huge amount
from his bank account fraudulently dishonestly get transferred. Even
the said entire amount immediately siphoned off routed transferred in
other bank account of applicant. He is native of other state. Therefore,
strong possibility of his abscondance.
6.

Thus, considering the same it inclined with regard to the
impugned crime dated 26.02.2024, the applicant arrested on
30.03.2024 from the District-Dumki, State-Jharkhand. Allegedly, the
involved siphoned off fraudulent transferred amount Rs.49,467/- is get
seized from the father of applicant Kapil Dev Mandal. His bail plea is
rejected just on the ground serious in natures economic crime is
committed. In such eventualities considering the levelled allegations
seriousness gravity of crime and the entire involved amount is already
recovered. Thereby, only the applicant is native of other state would not
be a material cause ground to detain him behind the bar until
conclusion of trial. Moreover, I felt in view of levelled allegations of
commission of economic crime by saddling stringent conditions would
appropriate to have the relief sought by the applicant. With this passed
CRI. BA 1040/2024
4
ORDER
the following order.
:ORDER:
1.

The present Criminal Bail Application No. 1040 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
a.

The applicant MR. NITESHKUMAR KAPILDEV MANDAL, age 26
years, residing at Behind Baba Borewell, Devghar-Dumka, Girdih, TalJarmandi, Dist-Dumki, Jharkhand be released on executing a P.R. Bond
of Rs. 1,00,000/- (Rupees One Lakh Only) and furnish one or two
solvent sureties in the like amount in connection with the crime vide
C.R. No.152 of 2024 registered with Pantnagar Police Station for the
offences punishable under Sections 419, 420 of the Indian Penal Code,
1860 and u/s. 66(c) and 66(d) of the Information Technology Act,
2000.
b.

The applicant shall not tamper or hamper the prosecution
witnesses and evidence by any manner.
c.

The applicant shall record his attendance with respondent/
Pantnagar Police Station on every Monday of every week between 11:00
a.m. to 05:00 p.m. until submission of charge-sheet.
d.

The applicant shall attend every date of trial without fail.

e.

The applicant shall not indulge in any criminal activity.

CRI. BA 1040/2024
f.

5
ORDER
The applicant shall not leave India without prior permission of
Ld. Trial Court.
g.

The applicant shall submit his proper considerable residential
address proof as well as telephone and cell numbers with respondent, in
view of his contact.
h.

The applicant to make surety compliance before Ld. Trial Court.

i.

Accordingly, inform to the Ld. Trial Court, Investigating Officer/
Pantnagar Police Station by sending copy of this order.
j.

The respondent/Pantnagar Police Station to take note of this
order.
k.

The present Criminal Bail Application No. 1040 of 2024 stands
disposed of accordingly.
Dictated and pronounced in open court
SHRIRAM
MADHUKAR
TAPKIRE
Dictated on
Transcribed on
Date of sign
: 29.04.2024
: 30.04.2024
: 02.05.2024
Digitally signed
by SHRIRAM
MADHUKAR
TAPKIRE
Date:
2024.05.03
12:59:14 +0530
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 1040/2024
6
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
03/05/2024, 12.58 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)

HHJ S.M. Tapkire,(C.R.No.60)
Addl. Sessions Judge.,City Civil & Sessions
Court, Mumbai.

Date of pronouncement of Judgment/Order
29.04.2024
Order signed by P.O. on
02.05.2024
Order uploaded on
03.05.2024