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Cri. BA 632/2024
MHCC020041562024
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.632 OF 2024
Applicant :
Sahil Surendra Chhabara
Age : 21 years, Occu: service, R/o. 329,
Dhiraj Nagarm Khajrana, Indore, Madhya
Pradesh.
VERSUS
Respondent :
The State of Maharashtra
Through D.B. Marg Police Station
Ms. Tabassum B.A. Khan, learned Advocate for Applicant.
Mrs. Ranjana Budhwant, learned APP for the State.

ORDER
(Delivered on 13/03/2024)
This is an application under Section 439 of Cr.P.C. for
releasing applicant/accused Sahil Surendra Chhabara on bail in Crime
No.25/2024 for the offence punishable under Sections 419, 420 of
Indian Penal Code and sec. 66D of IT Act, registered with D.B. Marg
Police Station, Mumbai.
2.

Heard learned Counsel for applicant and learned APP for
the State. Perused Bail Application, say/reply and documents.

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3.

Cri. BA 632/2024
It is case of prosecution that informant Chirag Jayantilal
Ashar has given complaint/report in D.B. Marg Police Station. He
alleged that he is Chief Manger in the Kotak Mahindra Bank, Branch
BKC. He is having saving account in the said bank. The said bank
account is connected with mobile app. In October 2023 he has seen
advertisement of international trading on his Facebook account. When
informant has clicked on the link given in the said advertisement, he
automatically added in one whatsapp group. The guidance about
trading was given on the said whatsapp group. As per the guidance
given on the said whatsapp group, the informant was receiving profit.
Therefore, informant has trusted on the said trading. Informant was
instructed to deposit Rs.5,00,000/- for trading on the said group. He
was instructed to deposit the said amount in account no.201028107292
of IndusInd Bank. Thereafter, informant has transferred Rs.4,50,000/in the said account through mobile app of Kotak Mahindra Bank.
Accordingly, profit Rs.4,79,559/- was reflected in the name of
informant. It was necessary to pay 5% of profit amount to group admin.
Therefore, informant has sent Rs.23,477/- on the given account number
of Savner Brothers. Thereafter, informant has sent request to transfer
Rs.5,50,000/- from trading account in his account. However, no such
amount was deposited in his account. Hence, informant realized that he
has been cheated by the said mobile number holders/admin of group.
4.

Learned counsel of applicant argued that real fact is that
since last few months applicant/accused joined the services of employer
Abhayjeet Singh Gill. At the time of joining service, his employer has
informed that he will get salary directly in his bank account. Therefore,
his employer has taken details of applicant to open bank account. His
employer was using the said bank account without knowledge and
consent of applicant. Therefore, applicant is unaware how and from
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Cri. BA 632/2024
where the alleged cheating amount have deposited in his account. The
entire amount has been seized by the police and not single rupee has
been withdrawn by applicant. Offence punishable u/sec. 66D of IT Act
is bailable and sec. 420 of IPC is punishable with imprisonment upto 7
years. Accused is in custody from 7/2/2024. Applicant has no criminal
antecedent. Applicant is victim of this crime.
5.

Learned APP argued that during investigation, it revealed
that two mobile phone and four debit cards seized from applicant. As
per chatting found in the mobile phone of applicant, it seems that in the
whatsapp group, applicant has sent informant of different bank
accounts to Abhayjeet Singh. Further the said chatting shows that
applicant has knowledge of use of his bank account and he in collusion
with Abhayjeet Singh committed this crime.
6.

Taking into consideration above facts, it seems that accused
has played active role in commission of the crime. However, accused is
in jail from 10/2/2024. The evidence is of documentary in nature.
Offence punishable u/sec. 420 is punishable with imprisonment upto 7
years. Offence punishable u/sec. 66D of IT Act is punishable
imprisonment upto 3 years. It seems that accused has no criminal
antecedent. Considering above the factors, nature of offence, allegations
and the fact that the instruments and devices are recovered from
applicant, he can be admitted to bail. Hence, I pass following order.
ORDER
1.
Criminal Bail Application No.632 of 2024 is allowed as
under.
2. Applicant/accused Sahil Surendra Chhabara be released on
bail, in C.R. No.25/2024 for the offence punishable under
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Cri. BA 632/2024
Sections 419, 420 of Indian Penal Code and 66D of IT Act,
registered with D.B. Marg Police Station, Mumbai; subject to
conditions :
i) Applicant shall execute a personal bond for a sum of
Rs.25,000/- with one or more sureties in the like amount.
ii) Applicant shall not tamper with any of the prosecution
witnesses, directly or indirectly.
iii) Applicant shall co-operate with the investigation and make
himself available for interrogation whenever required.
iv) Applicant shall remain present at the concerned Police Station
on every Wednesday between 10.00 a.m. to 1.00 p.m. till filing of
charge-sheet.
v) Applicant shall not misuse his liberty.
vi) Applicant shall furnish his detail address and mobile number
to the investigation officer and the concerned court. In case
applicant change his residence/address and mobile number, he
shall furnish the same to the I.O and concerned court.
3. Bail before learned trial court.
4. Inform to the learned trial court.
NITIN
PUNJAJI
TRIBHUVAN
Date : 13.03.2024.

Digitally signed
by NITIN
PUNJAJI
TRIBHUVAN
Date: 2024.03.14
17:13:12 +0530
(N.P. Tribhuwan)
Additional Sessions Judge,
C.R.No. 23, Gr. Mumbai.

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Cri. BA 632/2024
Direct dictated on : 13.03.2024
Checked on
: 13.03.2024
Signed on
: 13.03.2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
14.03.2024 at 5.11 p.m.
UPLOAD DATE AND TIME
Mrs. V. D. RAUT
NAME OF TYPIST
Name of the Judge (With Court Room HHJ SHRI N. P. TRIBHUWAN
No.)
(C.R.No.23)
Date of Pronouncement of JUDGMENT 13.03.2024
/ ORDER
JUDGMENT/ORDER signed by P.O. on 13.03.2024
JUDGMENT/ORDER uploaded on
14.03.2024