B.A. 53/24 MHCC020003622024

IN THE COURT OF SESSION FOR GREATER BOMBAY CRIMINAL BAIL APPLICATION No.53 OF 2024

Rajesh Bobhate @ Ravi @ Prasadrao
S/o Damodar Bobhate
Age 35 years, Room No.A/04,
3rd floor, Manohar Shilpa Co. Hsg.,
Near Mumbai Goa Highway,
Post Kalmath, Tal. Kankavli,
Sindhudurga. … Applicant

– Versus

The State of Maharashtra (At the instance of DCB CID, Unit-10, Andheri (E) vide Cr. No.41/2023)
… Respondent

Appearance :Adv. V.V. Dushing a/w Adv. Sangram Jadhav for the applicant. APP Iqbal Solkar for the respondent / State

CORAM : RAJESH A. SASNE ADDITIONAL SESSIONS JUDGE, COURT ROOM No. 30. DATED : 01/02/2024

ORDER

This is bail application by the accused u/sec.439 of The Criminal Procedure Code for releasing him on bail in connection with C.R.No.41/2023 registered with DCB CID, Unit-10, Mumbai for the
commission of offences punishable u/sec.419, 420, 465, 467, 471,385,201,34 of the Indian Penal Code and Section 23, 24, 8(B),(i) (A),29 N.D.P.S. Act 1985.

2.It is alleged by the applicant / accused that he is innocent and falsely implicated in the present case. The accused is arrested on 25.04.2023. He has undergone custodial interrogation. The investigation is completed. There is no point in keeping accused behind bars till conclusion of trial. He is the 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 accused is released on bail there are chances of flee from justice. If 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.It is the case of the prosecution that accused Anthony Alex Paul and Rajesh @ Ravi @ Prasad Rao induced Crisen Parera and Rushikesh Pandya, Ken Rodriges, Cletan Rodgries, Monisha Demelo by
offering them job in Dubai, made them to travel to Sharjah. On reaching there no job was offered to them in addition to this the accused issued forged air ticket for return to India. They also handed over memento/ trophy or cake containing contraband Narcotics substance. These victim were made to be arrested by police at Sharjah and accused demanded lakhs of rupees to release them.

6.It is alleged that the person named as Ravi @ Prasadrao is Mr. Rajesh Damodhar Bobhate – the applicant. According to the prosecution it is revealed that Crisen Parera and Cletan Rodgries are
arrested and convicted at Dubai. In the said conviction order it is noted that Cletan Rodgries was arrested by the Airport Authorities as he was carrying cake containing Narcotics substance and such information was furnished on phone from India. It is alleged that the present applicant / accused handed over said substances in a cake to Cletan Rodgries who was about to leave India for journey to Sharjah. It is alleged that the applicant was public officer and he was impersonated himself as Ravi
Prasad Roy. He also handed over trophy having Narcotics substance therein to victim Crisen Parera. There is evidence of CCTV footage. It is also alleged that the accused himself informed on phone to Sharjah police that victim was carrying Narcotics substance, for the purpose to rope them in the prosecution at Sharjah.

7.It is contention of the applicant that the charge sheet is already filed. Further incarceration is not necessary. The Modus operandi of the accused is to induce the persons by offering job at UAE,
collect amount from them. While said person was travelling to abroad, handover the cake or trophy containing Narcotics substance to them. When said person is about to reach to Dubai, make phone call at Sharjah and to inform the Airport Authorities about such Narcotics substance and to see that the victim will be apprehended by the Sharjah Police. The applicant was suppressing his identity. He was also impersonating by showing his identity as Ravi @ Prasadrao. It is the contention of the applicant / accused that as Section 120(B) is removed by the prosecution, now there is no evidence that he was also having role in the commission of offence. According to prosecution there is evidence to show that he is the person who handed over such contraband articles through victim. He alongwith co-accused have specific role in the commission of offence. The applicant / accused at the instance of accused No.1 used to call the victims and offer them to travel abroad. There is evidence of his involvement in offence. There is CCTV footage. He suppressed his identity. It is important to note that the accused used to handover cake or trophy containing narcotic substance and made the victims to be apprehended by police at Sharaja. There is repetition of crime with several persons. Considering the
modus operandi of the accused, seriousness of the crime and major role played by the accused, I am of the view that the accused is not entitled to be released on bail. Hence, I pass the following order :

ORDER
Criminal Bail Application No.53 of 2024 is rejected and disposed off accordingly.

Date : 01/02/2024 Dictated on : 01.02.2024 Transcribed on : 02.02.2024 Signed by HHJ on : 05.02.2024
( RAJESH A. SASNE ) Additional Sessions Judge, Gr. Mumbai. 5 B.A. 53/24 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED ORDER.” 05/02/2024 5.55 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 01/02/2024
ORDER signed by P.O. on 05/02/2024 ORDER uploaded on 05/02/2024