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B.A. 899/24
MHCC020057042024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.899 OF 2024
Rajesh Vishwanath Shetty
Age 52 years, Occ : Business,
Residing at R.No.307,
Anegundi 1st Cross Kapikad Road,
Bijal Dakshina Kannada, Karnataka
… Applicant
– Versus The State of Maharashtra
(At the instance of DCB CID, Unit-XI,
Mumbai, vide CR. No.10/2024)
(Corresponding C.R.No.51/2024,
Andheri Police Station)
… Respondent
Appearance :Adv. Ajay Dube for the applicant.
APP Iqbal Solkar for the respondent / State
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 08/04/2024
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.10/2024
registered
with
DCB
CID,
Unit-XI,
Mumbai
(Corresponding C.R.No.51/2024, Andheri Police Station) for the
commission of offences punishable u/sec.420, 465, 467, 468, 471, 472,
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B.A. 899/24
34 of the Indian Penal Code.
2.

It is the contention of the applicant / accused that he is
innocent and falsely implicated in the present case. The accused is
arrested on 30.01.2024. He has undergone custodial interrogation. The
investigation is completed. The applicant / accused is the only earning
member in the family. There is no criminal antecedents against him.
Therefore, 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 the applicant was
representing that one Shashikiran T.R. has received Rs.100 crores and
for that purpose to release the said amount he requires to pay the taxes
and to pay some amount to the officers of RBI and accordingly, he is in
need of Rs.20 lakhs. The applicant is an agent cum mediator in the
transaction who informed this fact to the informant and induced the
informant to invest lakhs of rupees and offered him the good returns
thereon. The investors were induced to pay Rs.20 lakhs and get returns
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B.A. 899/24
of Rs.100 crores. The police on the basis of this information arrested the
applicant and other accused. From the possession of the applicant /
accused certain documents of Zink Metal Corporation agreement,
report, testing reports, Certificate of RBI, Cheque book, pass book were
recovered. According to the prosecution the reports, agreements are
forged documents. Said Shashikiran T.R. is also arrested. The present
applicant has been arrested on 30.01.2024.
6.

It is alleged that there is forgery and falsification of
documents. It is alleged that the accused by inducing the persons to
invest the amount, and by offering good returns cheated them. As
aforesaid the applicant / accused has been arrested on 30.01.2024 since
then he is behind bars. The investigation is completed. Charge sheet is
already filed. I have gone through the statement of witnesses. Pre-trial
incarceration is unwarranted. If reasonable conditions securing
presence of accused are imposed he will be entitled for the bail. Hence,
I pass the following order :
ORDER
1]
Bail Application No.899 of 2024 is allowed.

2]
Applicant / Accused Rajesh Vishwanath Shetty arrested in
CR.No.10/2024 registered with DCB CID, Unit XI (Corresponding C.R.
No.51/2024, Andheri Police Station) for the commission of offences
punishable under Section 420, 465, 467, 468, 471, 472, 34 of the
Indian Penal Code be released on bail on furnishing P.B. and S.B. of
Rs.30,000/- 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.

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5]
B.A. 899/24
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]
The applicant / accused shall not leave India without prior
permission of the Court.
7]
Bail before the learned Trial Court.

Date : 08/04/2024
Dictated on
: 08.04.2024
Transcribed on
: 10.04.2024
Signed by HHJ on : 12.04.2024
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.

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B.A. 899/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
15/04/2024
12.02 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 08/04/2024
ORDER signed by P.O. on
12/04/2024
ORDER uploaded on
15/04/2024