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B.A.1043/23
MHCC020065232024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.1043 OF 2023
Priyesh Hareshwar Jadhav
Aged about 30 years,
Occ : Service, Residing at :
Flat No.303, Shubh Laxmi Apartment,
Belavali, Badlapur (W),
District Thane – 421 503
… Applicant
– Versus The State of Maharashtra
(At the instance of Vashi
Railway Police Station,
Vide C.R.No.270/2023)
… Respondent
Appearance :Advocate Nitin Sejpal for the applicant.
APP Iqbal Solkar for the respondent.
CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 29/04/2024
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.270/2023 registered with Vashi Railway Police Station for the
offences punishable under Section 465, 467, 468, 471, 472, 419, 420,
120(b), 201, 34 of the Indian Penal Code and Section 66(C) of the
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B.A.1043/23
Information Technology Act.
2.

It is alleged by the applicant / accused that he is falsely
implicated in the present case. He was arrested on 30.01.2024. He has
undergone custodial interrogation and now he is in judicial custody. The
investigation is almost over. There is no recovery or discovery on part of
the accused. The applicant is sole earning member of his family. The
charge sheet is filed. Investigation is completed. Therefore, there is no
question to flee away from justice. There is no point in keeping the
accused behind bars for indefinte period. He is a 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. The contention of the prosecution is that if the accused is
released on bail there is a possibility of threatening of prosecution
witnesses. If the accused is released on bail there is possibility of
tampering of prosecution evidence. The investigation is in progress and
there is possibility of flee from the justice. Hence, the prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard ld.

Advocate for the applicant and ld. APP for the State / Respondent.
5.

I have gone through the FIR, statement of the informant
and other documents filed on record. It is the case of the prosecution
that the informant who is station manager at Sea-Wood, Darave railway
station received telephonic message from Mukesh Meena- ticket checker
that wrong indicators are displayed at said railway station. Therefore,
the informant, to verify the fact, reached to the said railway station. He
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noticed that on duty announcer Pradnya Bhopi is not present there. One
lady and one man(Vikas Kumar) were working there. When he visited
the office, said man ran away from the office. The lady namely Bharti
Kumbhare informed about Vikas Kumar. On inquiry about her identity
card, she further informed that she has no identity card, but, she has an
appointment letter of Indian Railways. She also showed photo of the
said appointment letter and e-mail. She informed that Pradnya Bhopi
asked her to join the duty. On verifying the e-mail, certain other
documents relating to appointment of persons with Railways were
found. There were rubber stamps and documents having signatures of
Railway Officers. Said documents, e-mail I.D. are doubtful. On
verification of the aforesaid documents and e-mail, it was found that
said documents are forged. There are forged signatures, e-mails are also
not sent by Indian Railways. Therefore, the report is lodged and offence
is registered under Sections 465, 467, 468, 471, 472, 419, 420, 120(B),
201, 34 of the Indian Penal Code,1860 and Section 66(c) of the I.T.Act,
2000.
6.

The role attributed to the present applicant / accused is
that he transferred several amount in the various bank accounts. Said
amount were received by him in the alleged fraud. It is the contention
of the prosecution that this applicant / accused did not assist the
investigation. Though, his apple mobile phone is seized, he has not
provided the password of the said mobile handset. It is alleged that if
the accused is released on bail, he will tamper with the prosecution
evidence. It is required to be noted that this accused has been arrested
on 30.01.2024. The charge sheet is filed. Investigation appears to have
been completed. The Investigating Officer admits that said Apple mobile
handset is already seized from the accused. As the co-accused are
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B.A.1043/23
already released on bail, on the ground of parity this applicant /
accused is also entitled to be released on bail. If reasonable conditions
securing his presence are imposed, he will be entitled for the bail.
Hence, I pass the following order :
ORDER
1]
Criminal Bail Application No.1043 of 2023 is allowed.

2]
Applicant / Accused Priyesh Hareshwar Jadhav arrested in
C.R.No.270/2023 registered with Vashi Railway Police Station for the
offences punishable under Section 465, 467, 468, 471, 472, 419, 420,
120(b), 201, 34 of the Indian Penal Code and Section 66(C) of the
Information Technology Act. be released on bail on furnishing P.B. and
S.B. of Rs.50,000/- with one or two sureties.
3]
The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4]
The applicant / accused shall attend every date of the case till
conclusion of trial unless exempted specifically.
5]
The applicant / accused shall furnish details of his contact
number and current address to the concerned investigation officer. He
shall undertake to intimate to the concern Investigation Officer / Court
if, there is any change in such details in future.
6]
Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within one month from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
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order to that effect.
7]
The applicant / accused shall not leave India without prior
permission of the Court.
8]
Bail before the learned Trial Court.
RAJESH
ANIRUDDHA
SASNE
Date : 29/04/2024
Dictated on
Transcribe on
Signed by HHJ on
: 29.04.2024
: 30.04.2024
: 03.05.2024
Digitally signed by
RAJESH
ANIRUDDHA
SASNE
Date: 2024.05.04
16:18:17 +0530
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.1043/23
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
03/05/2024
11.15 a.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 29/04/2024
ORDER signed by P.O. on
03/05/2024
ORDER uploaded on
03/05/2024