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Cri BA No.90/2024
MHCC020006452024
IN THE COURT OF CITY CIVIL AND SESSIONS AT GRATER BOMBAY
COURT ROOM NO.23
(Presided over by Shri N. P. Tribhuwan, Additional Sessions Judge)
CRIMINAL BAIL APPLICATION NO.90 OF 2024
Applicant :
Rahul Vinod Dogra
Age : 33 years, R/o : Laxmipuram, Rajpur
Chungi, Sadar Bazaar Police Station, Agra,
Uttar Pradesh – 282 001
VERSUS
Respondent :
The State of Maharashtra,
Through Gaondevi Police Station
Mr. Dilip Kokil, learned Advocate for applicant/accused.
Mrs. Ranjana Budhwant, learned APP for the State.
ORDER
(Delivered on 30/01/2024)
This is an application under Section 439 of Cr.P.C. for
releasing accused Rahul Vinod Dogra on bail in Crime No.223/2023 for
the offences punishable under Sections 420, 465, 468, 471 of Indian
Penal Code and Section 66(c)(d) of Information and Technology Act,
registered with Gaondevi Police Station, Mumbai.
2.

Heard learned Counsel for accused and learned APP for the
State. Perused Bail Application, say/reply and other documents.

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3.

Cri BA No.90/2024
It is case of prosecution that informant/complainant Smt.

Mehru Meenu Billimoria has given complaint/report in Gaondevi Police
Station on 15.08.2023. She alleged that while she was searching online
sweet shop on google on 15.08.2023, she found mobile number of
Tiwari Brothers Sweet Shop. She has made phone call on the said
mobile number and given order for the sweet by making payment. But
the person who was talking on the said mobile number stated that he
has not received the payment and he sent QR Code of Google Pay and
asked the complainant to type code 29991. Hence the complainant has
typed the said code in the payment app. However, the said caller again
stated that he has not received the amount and thus, he again asked the
complainant to type the said code. In this way, the informant has typed
the said code at three times. Complainant has received the message on
her mobile about the deduction of sum of Rs.737 + 29991 + 29991 +
29991 (total Rs.90,710/-). Therefore, informant has made phone call to
the said caller but he avoided to respond. Hence complainant has
realized that she came to be cheated by the said caller. Therefore,
complainant has lodged the above report/complaint.
4.

Learned counsel for applicant argued that prosecution has
filed charge-sheet before Learned Metropolitan Magistrate, 40 th Court,
Girgaon, Mumbai. Applicant is in custody from 27.09.2023 till today.
Applicant is web designer. The absconded accused is main who has
given order to the present applicant for preparing design of website. For
that purpose, applicant has received consideration of Rs.3500/- from
the absconded accused. Applicant has prepared website as per the
direction and requirement of absconded accused. Applicant has not
committed any offence as alleged. He is not beneficiary of the said
fraudulent act. He relied on case law of Sarabjit Kaur v/s The State of
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Cri BA No.90/2024
Punjab & another : 2023 LiveLaw (SC) 157, wherein the Hon’ble
Supreme Court observed, “A breach of contract does not give rise to
criminal prosecution for cheating unless fraudulent or dishonest
intention is shown right at the beginning of the transaction. Merely on
the allegation of failure to keep up promise will not be enough to
initiate criminal proceeding”.
5.

According to prosecution, if accused is released on bail,
there is every likelihood that he will cheat other persons by preparing
fake website. Co-accused Rakesh Tiwari yet not found. There may be
many co-accused. The duped sum yet to be recovered. It revealed in
investigation that accused has prepared fake websites of many
companies by using his domain. Other two crimes regarding cheating by
using fake website in the name of Tiwari Sweets are pending in Gaodevi
Police Station.
6.

The Hon’ble Delhi High Court in case law of Amit Sharma
Vs. State :2023 LiveLaw (Del) 979 observed that; when this trust in
online
transaction
is
shaken,
it
leaves
individuals
wary
and
apprehensive, rendering them vulnerable to financial exploitation. As a
result, the public becomes increasingly reluctant to engage in online
financial activities, which can significantly impede economic growth,
innovation and financial inclusion.
7.

Remand paper shows that during investigation, it revealed
that applicant/accused involved in the commission of crime as above.
Absconded accused yet not found. Cheated sum yet to be recovered. It
seems that there is network of the accused to cheat the citizens online.
8.

Crimes like online cheating, forgery and fraud are very
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Cri BA No.90/2024
serious non-bailable offences. In recent times, these offences have
become much more worrying as they are been conducted through
electronic means, it is therefore necessary that strict and prompt action
is to be taken against such offences to keep India safe in these times.
The act of the accused in connivance with other accused seems to be a
well-planned and cultivated act, which hampers the well-being of a
society since such crimes have the effect of alluring innocent people
who fall victims into the hands of such fraudsters. Considering the
nature of offence and peculiar facts of this case, it is not desirable to
release accused on bail. Hence, I pass following Order.
ORDER
Criminal Bail Application No.90 of 2024 stands rejected.

Date : 30/01/2024
(N.P. Tribhuwan)
Additional Sessions Judge,
CR.No.23, Gr. Mumbai.

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Cri BA No.90/2024
Direct dictated on : 30.01.2024
Checked on
: 30.01.2024
Signed on
: 30.01.2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
30.01.2024 at 5.45 p.m.
UPLOAD DATE AND TIME
Mrs. K.S.Bhosale
NAME OF STENOGRAPHER
Name of the Judge (with CR No.) HHJ SHRI. N. P. TRIBHUVAN
(C.R.No.23)
Date of announcement of Order
30.01.2024
Order signed by P.O. on
30.01.2024
Order uploaded on
30.01.2024