MHCC020041612024
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IN THE COURT OF SESSIONS FOR GR. BOMBAY
Criminal Bail Application No.635 of 2024
Rajkumar Pappu Singh @ Gaurav Kumar
Bippin
Age:- 20 years, Occ :- Student
R/o :- Siddharthpuri Colony Road,
No.1 near Shivmandir, P.O. Buniyadganj,
Dist. Gaya, State – Bihar 823003
..Applicant/accused
Versus
The State of Maharashtra
Through M. R. A. Marg Police Station,
Mumbai.(In C.R.No.312/2023)
Saroj Ramsingh Ghate
Age 34 years, Occ: Legal Dept. at Trent Ltd.
R/o :- B-5, Nishant CHSL, Malviya Road, Vile
Parle East, Mumbai 400057
…Respondent/State
…Intervenor/
Org. Complainant
Coram : DR. Shri S. D. Tawshikar
(Court No. 10)
Heard on : 12.04.2024
Decided on : 12.04.2024
Appearance:
Ld. Adv. Mr. Akshay Ashok Shinde for the applicant/accused
Addl. P.P. Mr. Ajit Chavan for State.
Ld. Adv. Mr. Dhruv Balan for the intervenor/Org. Complainant.
ORDER
(Dictated and pronounced in open court)
This is the first bail application filed under Section 439 of Code
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Cri.B.A.635-2024
of Criminal Procedure, 1973 (“CrPC” in short) before filing of chargesheet in
connection with C.R. No. 312 of 2023, registered with M. R. A. Marg Police
Station, Mumbai for the offences punishable under Sections 420, 467, 468,
469, 471 r/w 34 of the Indian Penal Code (“IPC” in short) and Section 66(D)
of the Information and Technology Act, 2000.
2.

Perused application and reply (Exhibit-02) filed by the State.

3.

Heard both sides at length.

4.

Instant FIR is registered at the instance of Legal Manager of Trent
Limited – A Tata Enterprises Company (informant company). It has been
alleged that, informant company has received complaint from some persons
that they are duped by accused under the pretext of providing Franchise of
brand of informant namely Zudio. On the basis of said complaint present FIR
is registered. It is alleged that huge amount towards the franchise has been
taken by accused/applicant and thereby they have been cheated said persons
and maligned the good will of the informant company.
5.

Mr. Akshay Shinde the learned advocate for applicant submits that
the FIR came to be lodged on 11.12.2023. Applicant is arrested on
25.12.2023 from Gaya, State-Bihar. He submits that after five days PCR,
applicant is taken into Judicial Custody since 02.01.2024. He submits that
chargesheet is filed on 28.03.2024. Applicant is not direct beneficiary of
alleged fraud. He further submits that the allegation of transfer of certain
amounts in the bank account of present applicant is false one. He further
submits that though main accused in whose name fraudulent company
namely Zudio Solution Private Limited is registered, Police have not arrested
him. One Mr. Suyog Sharma happens to be ex-employee of informant
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Cri.B.A.635-2024
company and is director of Zudio Solution Private Limited, he has not yet
arrested. He further submits that investigation is already completed and
chargesheet is already filed. Considering the nature of offence and age of
present applicant, he may be released on bail. The learned advocate for
applicant undertake to co-operate in investigation and would abide any
condition imposed by this Court.
6.

Per contra Mr. Ajit Chavan, learned Additional Public Prosecutor,
strongly objects the bail application on the ground that, some of the accused
persons are involved in offences are yet to be traced-out. Though chargesheet
is filed, still investigation is not over.
7.

Mr. Dhruv Balan Ld. advocate for intervenor objects the bail
application. He submits that there are many incidents of cheating at the
hands of present applicant and other co-accused. The informant company
has received several complaints regarding taking out of huge amounts under
the false pretext of providing franchise of Zudio brand. Zudio brand is
registered trade mark of informant company. Accused without authority
advertised themselves to be owner of said brand and fraudulently duped the
traders under the garb of franchisee. Huge amount is taken by him. Money
trail is not unearth.
8.

The learned advocate for intervenor submits that chargesheet is
filed, but till date he has not received copy of the same. He further points out
that many accused might be involved in offence, they are not yet arrested
and therefore application may be rejected.
9.

It prima facie appears that there is no direct financial loss caused to
the informant company, however its goodwill is tarnished by the accused. It
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Cri.B.A.635-2024
appears that person who are actually got cheated are not yet come forward.
No separate FIR at their instance is lodged. All the victims seems to have got
deceived at different jurisdictions out of Mumbai. It appears that informant
company has registered FIR at Mumbai as it has registered office at Mumbai.
Be that as it may, the fact remains that the investigation against
10.

present applicant is completed and chargesheet is already filed. The applicant
behind bars since considerable time. Offences are triable by court of learned
Magistrate. No one knows how long it will take to commence and conclude
the trial. Court is conscious of fact of huge pendency of cases before
Magistrate courts at Mumbai. Considering the nature of offence and overall
allegations against the applicant, I find it would be just and proper to release
applicant/accused on bail subject to certain conditions. Hence, I pass
following order.
ORDER
A]
The Criminal Bail Application No. 635 of 2024 is allowed.

B]
The applicant Rajkumar Pappu Singh @ Gaurav Kumar Bippin
be released on bail in connection with C.R. No. 312 of 2023,
registered with M. R. A. Marg Police Station, Mumbai for the
offences punishable under Sections 420, 467, 468, 469, 471 r/w
34 of the Indian Penal Code and Section 66(D) of the Information
and Technology Act, 2000, on his executing P.R. of Rs.25,000/(Twenty five thousand only) along-with one surety in like
amount on following conditionsi)
Applicant shall attend the MRA Marg Police Station,
Mumbai, as and when called by Investigating Officer for
further investigation on written intimation.

ii)
Applicant shall not tamper with the evidence of prosecution.

iii) Applicant
shall not directly or indirectly make any
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Cri.B.A.635-2024
inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him from disclosing such
facts to the court or to tamper with the evidence.
iv)
Applicant shall furnish two documents as to proof of his
residence with his active phone number to the concerned
police station within 7 days after his release from the jail.

v)
C]
Applicant shall not commit any criminal act while on bail.

Breach of any condition shall entail the consequences of
cancellation of the bail.

D]
The Bail Application is disposed of accordingly.
SWAPNIL
DINKARRAO
TAWSHIKAR
Date : 12-04-2024
Dictated on
: 12-04-2024
Transcribed on
: 15-04-2024
(On 13.04.2024 and 14.04.2024 – public holiday)
Corrected on
: 15-04-2024 (AOH)
Signed on
: 18-04-2024
Digitally signed
by SWAPNIL
DINKARRAO
TAWSHIKAR
Date: 2024.04.18
15:12:00 +0530
(Dr. S. D. Tawshikar)
Additional Sessions Judge,
City Civil Court, Gr. Mumbai
C.R.No.10
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Cri.B.A.635-2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
18-04-2024 at 03:11p.m.

NAME OF STENOGRAPHER
Mr. G. N. Sutar
Name of the Judge
(with Court Room No.)
Date of
ORDER
Pronouncement
Dr. S.D. Tawshikar
C.R. No.10
of
JUDGMENT/ 12-04-2024
JUDGMENT/ORDER signed by P. O. on
18-04-2024
JUDGMENT/ORDER uploaded on
18-04-2024