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MHCC020001132024
IN THE COURT OF SESSIONS MUMBAI, AT GR. MUMBAI
BAIL APPLICATION NO. 20 OF 2024
Premsagar Putr Ramsarup
R/o. 1. Bhadurpur, Post-Tappa
Khordriya, Post-Sitapur Uttar Pradesh
2. Room No 16, Om Hospital,
Near Khedva Road, Sonipat Hariyana.
Vs.
The State of Maharashtra
( Through N.M.Joshi Marg Police Station
Dadar Mumbai.)

… Applicant.

… Respondent
Appearances :Ld. Advocate Niranjan Ganpat Igave for Applicant.
Ld APP Mr. Ramesh Siroya for the State.
CORAM : H.H. THE ADDITIONAL SESSIONS JUDGE
R.R. PATARE (C.R.NO.01)
DATED: 18th January, 2024
ORAL ORDER
This is application filed under Section 439 of Code of Criminal
Procedure (Here-in-after referred as “Cr.P.C.” in short) seeking bail in
connection with crime No.89/2023 registered with N.M.Joshi Marg
police station, Mumbai for the offences punishable under Sections 419
and 420 of the Indian Penal Code, (Here-in-after referred as “IPC” in
short) read with offences punishable under Section 66 (C) and 66 (D)
of Information Technology Act.

Crime No.89/2023 came to be
registered on the report made by Smt. Shradha Ujwal Bhure, wherein it
is stated that on 3.1.2023 he received advertisement of City Bank Diners
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Club on her Whatsapp account from mobile No.8808569497 regarding
credit card. One Saurabh Sharma, relationship Manager of City Bank
Diners Club international gave information regarding City Bank Diners
and benefits of having card of said bank. The informant was convinced
and she decided to purchase card of City Bank Diners. The informant
also received Android phone from the said bank. She activated said
Andorid phone as per the directions of Saurabh Sharma. The informant
also open link provided by Saurabh Sharma and filled up the
information as per direction. It is alleged that the bank account of
informant came to be hacked and amount of Rs.3 lac was transferred in
the account of Tanishq Chennai for purchase of gold ornaments. It is
the allegation of prosecution that the gold purchase from Tanishq
Chennai was sold and amount was credited in the name of different
accused. The informant realized fraud and reported incident to police
station N.M.Joshi Marg. It is alleged that present applicant/accused has
issued sim card in favour of co-accused and same came to be used for
commission of offense.
2.

The applicant/accused is seeking bail on the ground of false
implication. It is stated that accused is innocent and has not committed
any offence. Custodial interrogation of accused is not necessary. The
accused is ready to abide conditions of bail. It is further stated that
accused is not benefited by the alleged transaction.

There is no
evidence
of
to
Investigation
connect
is
accused
completed
in
and
the
commission
chargesheet
is
offence.

filed.

The
applicant/accused is requested to enlarge him on bail.
3.

The Learned APP has filed say and opposed the bail application.

It is alleged that the applicant/accused has committed serious offence.
There is evidence to connect accused in the commission of offence. APP
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apprehends tampering of evidence and lastly requested to reject the
application.
4.

Perused application, say and heard advocates for the parties. It is
the allegation of prosecution that accused along with co-accused hacked
the bank account of informant and purchased gold ornaments from
Tanishq Chennai and committed online fraud of Rs.3,00,000/-.
Allegations regarding online fraud are made against applicant/accused.
It is alleged that present applicant/accused has facilitated the
commission of offense by providing sim card to co-accused. There is
evidence to connect accused in the commission of offense. It is notice
that cases of online fraud are increasing and innocent persons are
cheated. The allegations made against accused are of serious and grave
nature.

The tampering of evidence and accused fleeing from bail
cannot be ruled out as pointed out by APP for state. From the case
paper it is seen that initially co-accused hacked the bank account of
informant and purchase gold ornaments and thereafter sold the same
and distributed amount between applicant and co-accused. The cases
of online fraud by showing false advertise on social media are
increasing. The accused has failed to made out ground to enlarge him
on bail. Hence, following order:ORDER
Criminal Bail Application No. 20 of 2024 stands rejected.

Date : 18.01.2024
Dictated on
: 18.01.2024
Transcribed on : 18.01.2024
HHJ signed on : 18.01.2024
(R.R.PATARE)
Additional Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay (C.R.No.1)
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE 19.01.2024
TIME:
NAME OF STENOGRAPHER(G-I)
Mrs. V. V. Mhatre
Name of the Judge (With Court HHJ Shri R. R. Patare
room no.)
(Court Room No.1)
Date
of
Pronouncement
JUDGEMENT/ORDER
of 18.01.2024
JUDGMENT/ORDER signed by P.O. 19.01.2024
on
JUDGEMENT/ORDER uploaded on
19.01.2024