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Cri BA No.1045/2024
MHCC020064982024
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.1045 OF 2024
Applicant :
Rahul Vinod Dogra
Age : 33 years, Occ. : Private Service
R/o : Laxmipuram Gummat, Rajapur Chungi,
Sadar Bazaar Police Station, Agra, Uttar
Pradesh – 282 001
VERSUS
Respondent :
The State of Maharashtra,
Through Gaondevi Police Station
Ms. Sheela Gupta, learned Advocate for applicant/accused.
Mrs. Ranjana Budhwant, learned APP for the State.
ORDER
(Delivered on 24/04/2024)
This is an application under Section 439 of Cr.P.C. for
releasing accused Rahul Vinod Dogra on bail in Crime No.236/2023 for
the offences punishable under Sections 420 of Indian Penal Code and
Section 66(c)(d) of Information 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.1045/2024
It is case of prosecution that informant/complainant Meena
Kapil Dhavan has given complaint/report in Gaondevi Police Station on
25.08.2023. She alleged that while she was searching online sweet shop
on google on 09.08.2023, she found online link and mobile number of
Tiwari Brothers Sweet Shop. She has made phone call on the said
mobile number and given order for the sweet. The person who was
talking on the said mobile number, has sent QR Code for payment.
Accordingly, complainant has made payment of Rs.700/-. However, the
said person has asked the complainant to type code 1991 for
confirmation. Hence, the complainant has typed the said code in the
payment app. At that time, amount of Rs.1991 came to be deducted
from the account of complainant. However, the said caller again stated
that she/complainant has made mistake and he will refund the said
money. However, again amount of Rs.19,991/- came to be deducted
from the account of complainant. In this way, again two times amount
of Rs.19,991/- + Rs.19,991/- came to be deducted from the account of
complainant. Thus, total amount of Rs.66,083/- came to be transferred
from the account of complainant in the account of above mentioned
caller. 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, Girgaon,
Mumbai. Applicant is in custody from 19.09.2023 till today. Applicant is
Web Designer. The absconded accused is main who has given order to
the present applicant for preparing design of website. Applicant has
prepared website as per the direction and requirement of absconded
accused. Applicant has not committed any offence as alleged. He is not
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Cri BA No.1045/2024
beneficiary of the said fraudulent act.
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 is yet not found. There may be many coaccused. 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 three crimes regarding cheating by using fake
website in the name of Tiwari Sweets are pending in Gaodevi Police
Station; bearing Crime No.228/2023, 223/2023 and 234/2023 for
offence punishable u/Sec.420, 465, 468, 471 of IPC and Sec.66(c)(d) of
Information Technology Act.
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
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
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Cri BA No.1045/2024
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.1045 of 2024 stands rejected.
NITIN
PUNJAJI
TRIBHUVAN
Date : 24/04/2024
Digitally signed by
NITIN PUNJAJI
TRIBHUVAN
Date: 2024.04.25
16:37:30 +0530
(N.P. Tribhuwan)
Additional Sessions Judge,
CR.No.23, Gr. Mumbai.

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Cri BA No.1045/2024
Direct dictated on : 24.04.2024
Checked on
: 24.04.2024
Signed on
: 24.04.2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
25.04.2024 at 4.35 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
24.04.2024
Order signed by P.O. on
24.04.2024
Order uploaded on
25.04.2024