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B.A. 536/24
MHCC020035252024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.536 OF 2024
Piyush Arjan Bhai Kunjadia
Aged 28 years, Occ : Residing at Hari Vila Apartment,
B-306, Yogi Chowk, Near Radhe park,
Punagam Surat, Gujarat 395010.

… Applicant
– Versus The State of Maharashtra
(Through Cyber Police Station,
North Region, vide Cr. No.26/2023)
… Respondent
Appearance :Advocate Dhananjay Singh for the applicant.
APP Iqbal Solkar for the respondent / State
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 19/03/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.26/2023 registered with Cyber Police Station, North Region for
the offences punishable under Sections 420, 419, 468, 465, 467, 471,
120(B) of IPC and Section 66(C),(D) of the Information Technology Act,
2000.

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2.

B.A. 536/24
It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The accused is arrested on
27.12.2023.

He
has
undergone
custodial
interrogation.

The
investigation is completed. There are no criminal antecedents against
the accused. Therefore, there is no point in keeping accused behind bars
till conclusion of trial. He is 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. It is the contention of the prosecution that if the accused is
released on bail it will affect on the collection of evidence. 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, ld. APP for the respondent / State.
5.

I have gone through the FIR, statement of informant. It is
the case of the prosecution that the informant received telegram
message offering part time job to her. Certain links were forwarded to
her. She was induced to deposit certain amounts and later on it was
revealed that she has been cheated. There is loss of Rs.21,39,076/-.
Accordingly FIR has been lodged and offence has been registered under
aforesaid sections. As per the say of respondent, the role attributed to
the present applicant is that he is the proprietor of Khodal Creation
having beneficiary bank account in Yest Bank wherein amount of
Rs.2,55,000/- has been transferred. According to the respondent the
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B.A. 536/24
applicant’s e-mail ID is assigned to the said bank account.
6.

The present applicant has been arrested on 27.12.2023.

Since, then he is behind bars. The allegation against him is that amount
of Rs.2,55,000/- has been credited to his bank account. Near about two
and half months he is behind bars. Investigation related to the applicant
appears to have been completed. If reasonable conditions securing
presence of accused are imposed, he will be entitled for the bail.
Further, incarceration of the accused is unwarranted. Hence I am of the
view that the applicant / accused is entitled for the bail. In the result, I
pass the following order :
ORDER
1]
Bail Application 536 of 2024 is allowed.

2]
Applicant / Accused Piyush Arjan Bhai Kanjadiy, arrested in
C.R.No.26/2023 under Section 420,419,468,465,467,471,120(B) of IPC
and Section 66(C),(D) of the Information Technology Act, 2000
registered with Cyber Police Station, North Region 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
The 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 the facts to Court or any police
officer.
4]
The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
5]
The applicant / accused shall attend the concern police station on
1st and 4th Saturday of every month till filing of the charge sheet.
6]
Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
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B.A. 536/24
failing which the cash bail shall stand forfeited without any separate
order to that effect.
7]
The applicant / accused shall not leave India without prior
permission of the Court.
8]
Bail before the concern Magistrate.

Date : 19/03/2024
Dictated on
: 19.03.2024
Transcribed on
: 19.03.2024
Signed by HHJ on : 21.03.2024
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.

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B.A. 536/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
21/03/2024
5.48 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri. R.A
Room No.)
Sasne, Court Room No. 30.
Date of Pronouncement of ORDER 19/03/2024
ORDER signed by P.O. on
21/03/2024
ORDER uploaded on
21/03/2024