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B.A.No.202 of 2022
CNR:MHCC02-000957-2022
IN THE SESSIONS COURT FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.202 OF 2022
IN
(C.R.NO.72 OF 2021)
Rajesh Ramkishan Kumar
S/o.Sh Ram Kishan
R/o.Room No.52, Vansingh
Nagar, Anand Parbat, Karole
Bagh, New Delhi.

.. Applicant
V/s.
The State of Maharashta
(at the instance of North
Cyber Police Station, Mumbai)
.. Respondent
Appearances:
Adv. Ajit Kumar @ Adv. Alok Kumar for applicant.
APP Abhijeet Gondwal for respondent.
Coram : R. M. Sadrani
Addl. Sessions Judge
C.R. No.37.
DATED : 8th February 2022.
ORDER
1
This is an application U/s.439 of Code of Criminal
Procedure(hereinafter referred to as “Cr.P.C.) for the grant of bail to
the applicant Rajesh Ramkishan Kumar S/o.Sh Ram Kishan in
C.R.No.72 of 2021 of North Cyber Police Station, Mumbai for the
offence punishable U/s.419, 420, 465, 467, 468, 471 of Indian
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B.A.No.202 of 2022
Penal Code (hereinafter referred to as IPC) and U/s.66(c) & (D) of
Information Technology Act.
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Case of the prosecution is that the informant is
Chandramohan Narayan Renikuntha aged about 64 years, who was
retired from MTNL in the year 2017.

He had drawn two LIC
policies in his name and in the name of his wife. Both policies were
matured in the year 2017 and he received the amount accordingly.
Later on, on 11/02/2017 and onwards, he received a phone call
from co-accused Kartik Krishnan, Avantika Varma and Shreedhar
that he has got huge bonus of his LIC policies and to receive
benefit, he has to draw another policy. Relying on their words,
informant purchased some of the policies from co-accused Rahul
and other co-accused. Thereafter, those accused again made phone
call to the informant and forwarded him a letter shown to be issued
by the Reserve Bank of India(RBI in short) having logo of RBI and
to receive the entire amount, informant needs to pay certain taxes.
Relying on the letter, informant from time to time paid amount and
in all paid Rs.72,15,514/- in between 11/02/2017 to 05/01/2021.
It is further case of the prosecution that entire amount is
transferred in the different 15 accounts by 64 transactions. Coaccused forwarded the photo copy of the cheque of Rs.15 lakhs on
the Whatsapp of the informant so as to induce him that he is
receiving the amount and there is progress in the matter.
3
Learned Adv. Ajit Kumar @ Adv. Alok Kumar for the
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B.A.No.202 of 2022
applicant argued that applicant is arrested on 29/12/2021 from
Delhi. Applicant’s parents are senior citizens and having ailments
of cancer.

Approximately, Rs.6 lakhs are recovered from the
applicant.

12 mobiles, 10 debit cards and one laptop are also
seized from the office. Co-accused Rahul is released on bail by the
Magistrate’s Court. Therefore, on the ground of parity also,
applicant be enlarged on bail.
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Learned APP Abhijeet Gondwal opposed the application
and argued that investigation is still in progress. Rs.20 lakhs are
freezed which are lying in the different accounts including account
of the applicant. Applicant and co-accused Anand Kumar are the
close friends. Initially, policy was purchased by the informant
through co-accused Rahul and co-accused Rahul has provided all
the detials of the informant to the applicant and his friend Anand
Kumar. Applicant and co-accused Anand Kumar are having office
at Delhi without any agreement. Applicant and co-accused Anand
Kumar employed four other persons in the office for making phone
calls. Applicant is running fake call centre. Applicant has provided
sim card in the name of bogus person to co-accused Anand Kumar.
In order to dupe the persons, applicant and co-accused opened 15
fictitious bank accounts and after receiving the amount, there were
no other transactions from those accounts. In order to induce the
informant, forged logo of RBI and other offices were prepared.
Forged cheques were prepared. Investigation is still in progress.
Entire trail of the money is not yet discovered. It is requested to
reject the application.

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B.A.No.202 of 2022
After hearing both the sides, I have gone through
record. Recovery of the 12 mobiles, 10 debit cards and one laptop
itself apparently shows involvement of the applicant in the
commission of the crime.

Applicant and co-accused prepared
forged logo of the RBI. Crime committed by the applicant and coaccused
is
with
cool
mind
and
by
hatching
conspiracy.

Investigation is in progress. Illness of the parents of the applicant
cannot be a ground to grant bail in such crime. Co-accused Rahul
was released on bail as he soled policye which was genuine. Role
of the co-accused Rahul is different from the applicant.
Considering all these facts and circumstances, this is not a fit case
to grant bail. Hence, I pass following order.
ORDER
1
Bail Application No.202 of 2022 is hereby rejected and
disposed off accordingly.

( R. M. Sadrani )
Addl. Sessions Judge, Sessions Court,
Dated :08/02/2022.
Gr. Mumbai
Dictated on
:08/02/2022.
Transcribed on :08/02/2022.
Signed on
:09/02/2022.

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON: 09/02/2022.
TIME:03.15 p.m.

(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room Shri. R. M. Sadrani, Judge, C.R.No.37.
No.)
Date
of
pronouncement
Judgment /Order
of 08/02/2022.

Judgment/Order signed by P.O. on
09/02/2022.

Judgment/Order uploaded on
09/02/2022.