1
B.A.No.1051 of 2022
CNR:MHCC02-005929-2022
IN THE SESSIONS COURT FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.1051 OF 2022
IN
(DCB CID C.R.NO.17 OF 2022)
(L.T. MARG POLICE STATION C.R.NO.40 OF 2022)
Mr. Om Bapurao Wangate
Aged about 39 years, Occ:
Service, R/at.Flat No.901,
A-Wing, Santacruz Police
Quarter, Behind Juhu
Garden, Santacruz(W),
Mumbai.

.. Applicant
V/s.
The State of Maharashta
(at the instance of DCB
CID CIU, Mumbai)
.. Respondent
Appearances:
Adv. Ashok Saraogi for applicant.
APP Siroya for Respondent.
Coram : R. M. Sadrani
Addl. Sessions Judge
C.R. No.37.
DATED : 9th May, 2022.
ORDER
1
This is an application U/s.439 of Code of Criminal
Procedure(hereinafter referred to as “Cr.P.C.) for the grant of bail to
2
B.A.No.1051 of 2022
the applicant Om Bapurao Wangate in C.R.No.17 of 2022 of DCB
CID, Mumbai(L.T. Marg Police Station C.R.No.40 of 2022) for the
offence punishable U/s.392, 384, 341 r/w. 34 of Indian Penal Code
(hereinafter referred to as IPC).
2
Perused the application. Heard both the sides.

3
Informant is Additional Commissioner of Police namely
Dilip Raghunath Sawant. On 19/02/2022, he lodged the FIR that
on 07/12/2021, he received a complaint from Association of
Courier Services namely Angadiya Association, Mumbai that in the
last week of November 2021, there was a meeting of association
regarding illegal demand of Rs.10 lakhs per month by police officer
namely DCP
Saurabh Tripathi. Thereafter, on 02/12/2021 and
03/12/2021, police persons from L.T. Marg Police Station came in
civil dress at Pophalwadi and took with them certain persons
having bags in their hands. Those persons were taken firstly to
Mumbadevi Police Chowky.

Police persons started demanding
amount of Rs.50,000/- from the persons carrying cash of Rs.5 lakhs
and Rs.1 or 2 lakhs from the persons carrying cash of Rs.10 lakhs.
Most of the persons by paying the amount relieved themselves from
the police. On inquiry, it came to know that demand of amount is
from L.T. Marg Police Station under the control of the applicant.
On 04/12/2021, association member Maganbhai Prajapati met with
DCP Saurabh Tripathi and made a complaint. However, he stated
that he has already talked with other association members namely
Amrut Bhai and Kishor Bhai and therefore, to talk with them.

3
B.A.No.1051 of 2022
Similarly, from 02/12/2021 to 04/12/2021, some persons were
caught within the jurisdiction of V. P. Road Police Station and after
taking the money, they were released. On 06/12/2021, association
member Jatin Shah and Kirti Joshi met with Saurabh Tripathi,
however, he stated that he has received more than Rs.10 lakhs in
action initiated by him. If the association paid Rs.10 lakhs to him,
then he will not give trouble to the association member. Lastly,
association approached to the informant and made a complaint
accordingly.
4
Informant, after making inquiry, recorded statements of
the witnesses and victims, collected CCTV footage in which courier
members were seen to be taken to the police station. Entry in the
station diary regarding these incidences were vague and some of
the incidences were not recorded. In this inquiry, he noticed that
applicant was extracting amount from the courier services.
Accordingly, informant lodged FIR.
5
Learned Adv.Ashok Saraogi for the applicant argued
that investigation is over and chargesheet is filed.

Maximum
punishment prescribed for the offence U/s.392 of IPC is 10 years,
for the offence U/s.384 of IPC is three years and for the offence
U/s.341 of IPC is one month. All the offences are triable by the
Magistrate’s Court. He further argued that alleged witnesses who
have paid the amount have not identified the applicant during test
identification parade. He requested to enlarge the applicant on
bail.

4
6
B.A.No.1051 of 2022
On the contrary, learned APP Siroya submitted that
suitable order be passed.
7
After hearing both the sides, I have gone through
record. Admittedly, investigation is over and chargesheet is filed.
All the offences are triable by the Magistrate’s Court. Witnesses
have not identified the applicant during test identification parade.
Considering the punishment prescribed for the offence and
chargesheet is filed, I am inclined to allow the application. Hence, I
pass following order.
ORDER
1
Bail Application No.1051 of 2022 is hereby allowed.

2
Applicant Om Bapurao Wangate in C.R.No.17 of 2022 of
DCB CID, Mumbai(L.T. Marg Police Station C.R.No.40 of 2022) for the
offence punishable U/s.392, 384, 341 r/w. 34 of Indian Penal Code
be released on bail on executing PR bond of Rs.25,000/- with one
or two sureties of the same amount.
3
Applicant to furnish his detailed address, phone number
at the time of furnishing bail.
4
Bail before the Court attending remand.

5
Applicant shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
5
B.A.No.1051 of 2022
facts of the accusation against himself so as to dissuade him from
disclosing such facts to the Court or to any police officer.
6
Applicant shall not leave India without previous
permission of the Court.
7
Bail Application is disposed off accordingly.

( R. M. Sadrani )
Addl. Sessions Judge, Sessions Court,
Dated :09/05/2022.
Gr. Mumbai
Dictated on
:09/05/2022.
Transcribed on :09/05/2022.
Signed on
:09/05/2022.

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON: 10/05/2022.
TIME:01.05 p.m.

(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room Shri. R. M. Sadrani, Judge, C.R.No.37.
No.)
Date
of
pronouncement
Judgment /Order
of 09/05/2022.

Judgment/Order signed by P.O. on
09/05/2022.

Judgment/Order uploaded on
10/05/2022.