1
MHCC020028552023
IN THE COURT OF SESSIONS FOR GR. BOMBAY
Criminal Bail Application No.380 of 2024
Santosh Than Singh
R/at : 8 Hasanpur, Romai Mustkil,
Jalaun, Uttar Pradesh.
Uttar Pradesh 285 125
..Applicant/accused
Versus
The State of Maharashtra,
At the instance of Cuffe Parade
Police Station, Mumbai.
(In Crime No.251 of 2023)
…Respondent/State
Coram : Dr. Shri S. D. Tawshikar
(Court No. 10)
Heard on : 20.02.2024
Decided on : 20.02.2024
Appearance:
Adv. Mr. Vipin Kumar Mishra for applicant/accused
Addl. P.P. Mr. Ajit Chavan for State.
ORDER
(Dictated and pronounced in open court)
This is the first bail application after filing of chargesheet, filed
under Section 439 of Code of Criminal Procedure, 1973 (“CrPC” in short) for
regular bail in connection with C.R. No. 251 of 2023, registered with Cuffe
Parade Police Station, Mumbai for the offences punishable under sections
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Cri.B.A.380-2024
384, 465, 466, 468, 471, 419, 420 r/w section 34 of the Indian Penal Code,
1860 (“IPC” in short) and Sections 66 (c) and 66 (d) of the Information and
Technology Act, 2000 (“IT Act” in short).
2.
Perused application and reply filed by prosecution. Heard both
sides.
3.
It has been alleged by the prosecution that present applicant is
a Commission Agent, who used to gate fake bank account opened and
provide such bank accounts for fraudulent activity. It is further alleged that
applicant used to withdraw amount received in such accounts and transfer
same to other accused, who used to obtain such amount on such bank
accounts by playing cyber fraud. The present applicant was caught red
handed while accepting delivery of one Debit Card send to him by one
witness namely Ms. Taramati Gadashi. It is alleged that during course of
investigation sufficient material is collected against applicant to connect him
with alleged offence.
4.
Mr.Vipin Kumar Mishra, the learned advocate for applicant,
submits that applicant is alleged to have played very limited role in the
alleged offence. He has merely accepted a Debit Card of a bank account.
Nothing further role is attributed to him. Mr. Mishra submits that no money
derived out of alleged fraud is received by the applicant from complainant or
anybody else. His Email-ID and Mobile number is nowhere used in the
present offence. There is no recovery, as such against him.
5.
Ld. advocate further submits that applicant is arrested on 30.12.2023.
Police have already got 14 (fourteen) days for Police Custody (PC).
Investigation against present applicant is completed and chargesheet is also
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Cri.B.A.380-2024
filed. He submits that alleged offence is triable by the Magistrate. Applicant is
ready to abide any condition imposed by this Court. Ultimately, he prays to
allow the application.
6.
Per contra learned APP Mr. Ajit Chavan strongly objects the bail
application by filing reply. He points out various grounds raised in the reply.
Investigating Officer Mr. Amit Devkar (Cyber Officer) is present. He explained
the role attributed to present applicant. He submits that witness namely Ms.
Taramati Gadashi had revealed to the Police that present applicant had
contacted her and asked her to sent a Debit Card after opening an account in
Canara Bank. When, the police received said information they asked
Taramati Gadashi to open account and send Debit Card to applicant, soa s to
track him down. Under observation of Investigating Officer, Debit Card was
couriered to applicant at Noida, Uttar Pradesh. He was trapped while
accepting delivery of courier. His mobile revealed communicate between
other accused with regarding to providing bank account for illegal
transactions. Thus, prosecution opposed bail application on aforesaid
grounds.
7.
From record it transpires that applicant is behind bars since
30.12.2023. Investigating Officer has already got ample opportunity to
investigate into the matter. Investigation is complete and chargesheet is
already filed. From the investigation papers, I find that prosecution has
collected material to prima faice show involvement of applicant in the
alleged offence. However, it further needs to be considered that applicant has
not received any amount/money of collected by co-accused in present case.
No recovery is made from the applicant. Investigation regarding other
absconding and untraced co-accused seems still pending. Naturally, it would
take considerable time to dispose of the trial. Offences alleged are triable by
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Cri.B.A.380-2024
court of Magistrate. Therefore, I find that it will be too harsh and
unreasonable to further detain the applicant. Therefore, by resorting to
power under section 439 of CrPC, applicant can be released on bail on
certain conditions. Hence, I pass following orderORDER
A]
The Criminal Bail Application No. 380 of 2024 is allowed.
B]
The applicant Santosh Than Singh be released on bail in
connection with C.R. No. 251 of 2023, registered with Cuffe
Parade Police Station, Mumbai for the offences punishable under
sections 384, 465, 466, 468, 471, 419, 420 r/w section 34 of the
Indian Penal Code, 1860 and Sections 66 (c) and 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 or
more sureties in like amount, on following conditionsi)
Applicant shall not move out of India during pendency of the
trial without prior permission of trial Court.
ii)
Applicant to visit Cuffe Parade Police Station for the purpose
of investigation with respect to co-accused, as and when
called by Investigating Officer on written intimation.
iii) Applicant
shall not directly or indirectly make any
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
current as well as permanent residence with his active phone
number to the concerned police station within 7 days after his
release from the jail.
v)
Applicant shall not commit any criminal act while on bail.
C]
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Breach of any condition shall entail the consequences of
cancellation of the bail.
D]
Bail before the learned Trial Court.
E]
The Bail Application is disposed of accordingly.
Date : 20-02-2024
Dictated on
Transcribed on
Corrected on
Signed on
: 20-02-2024
: 20-02-2024
:20-02-2024 (AOH)
:21-02-2024
(Dr. S. D. Tawshikar)
Additional Sessions Judge,
City Civil Court, Gr. Mumbai
C.R.No.10
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Cri.B.A.380-2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
21-02-2024 at 06:15p.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/ 20-02-2024
JUDGMENT/ORDER signed by P. O. on
21-02-2024
JUDGMENT/ORDER uploaded on
21-02-2024