Sneha Rajendra Bansode Vs State of Maharashtra Bail Application Bombay Sessions Court No 1570 of 2022

MHCC020085382022
IN THE SESSIONS COURT FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1570 OF 2022
(CRIME NO.114 OF 2018, DADAR POLICE STATION)
CNR No.MHCC02-008538-2022
Sneha Rajendra Bansode,
Age : 29 years, Occ. : Not known,
Residing at 102, B/1, Wing, Indira Nagar
Soc., Khalai Village, VidyaVihar (West),
Mumbai.
Presently in Byculla District Prison
]
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… Applicant/
Accused
Vs.
State of Maharashtra
(Dadar police station, Mumbai).

]
]
… Respondent
Appearances :Mrs. Racheeta Dhuru, Ld. Adv. for applicant.
Mr. Ramesh Siroya, Ld. A.P.P. for respondent/State.
CORAM : VISHAL S. GAIKE,
ADDL. SESSIONS JUDGE,
COURT ROOM NO.22.
DATE : 5th July, 2022.
ORDER
1.

This is an application for regular bail under Section 439 of
the Code of Criminal Procedure in connection with Crime No.114 of
2018 registered at Dadar police station for the offence punishable
under Sections 420, 465, 467, 468, 471 of the Indian Penal Code.

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2.

BA 1570/22
It is the case of the complainant that, in the month of
December, 2017, accused Sneha Bansode had made a personal loan
application to M/s. I.V.L. Finance Ltd. She had sought a personal loan
of Rs.2,86,680/-. The said loan amount was disbursed to her. As she
did not pay the first two loan installments, therefore, the authorised
representative
of
Indiabulls
Company
called
on
her
mobile
No.8291675741, but she refused to meet him. The authorised
representative namely Avinash Vyas then went on the address stated by
the accused in her loan application. He found that she had not utilised
the loan amount for her house repairs purpose. When she was asked to
repay the loan amount in installments, she quarrelled with the said
representative and uttered filthy words to him. She threatened to
implicate him in a false criminal case, if he again asked her to pay the
loan installments. Therefore, the Company became suspicious due to
her conduct. On further verification of documents submitted by her, it
was reported that she had submitted false and forged documents
pertaining to her employment in Shipbuilders Ltd., Mazgaon Dock. The
said Company in their letter dated 10/04/2018 informed that accused
Sneha Bansode was not an employee of their Company and the salary
slip and Company’s Certificate which she had submitted to the loan
disbursal Company was forged and fabricated. Hence, the report under
Section 420, 465, 467, 468, 471 of the Indian Penal Code was given
against the accused.
3.

The say of the Investigating Officer was called. He has
stated that, during investigation, it was revealed that the Manager and
Agent of Buzz BT Consultant Agency had collected the documents and
the loan form submitted by accused and had forwarded the same to
Indiabulls Company. The statements of the said two persons were
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BA 1570/22
recorded. The verification of the claim of the accused was carried out
by the Paradox Services. Investigation was made with Pushkar Suhas
Patil and Yogesh Chintaman Agre, who had made the said verification.
It was also revealed that the bank statement submitted by the accused
was also forged and fabricated. She had sent an email dated
13/12/2017 from email Id suresh.kadam@mazgaondocks.com to email
Id shambhu_pandey@indiabulls.com. It was revealed that the domain
name suresh.kadam@mazgaondocks.com was created by using mobile
No.8291675741 which is that of accused Sneha Bansode. The
Investigating Officer stated that accused was arrested on 16/06/2020
and was remanded to judicial custody on 20/06/2020. The
investigation is now in progress pertaining to the accomplice if any, of
the applicant, who had helped her to forge her employment documents
which she had submitted at the time of obtaining loan. Applicant had
not co-operated during her police custody and had not provided any
information to the police. If she is granted bail, then she may threaten
and pressurise the witnesses and she may not remain present in the
Court and may hamper the investigation. Hence, the application may
be rejected.
4.

Heard the parties. Learned counsel for the applicant
submitted that, the applicant is innocent and has not committed any
offence, as alleged. She has been made a scapegoat in the present
matter and she is ready to repay the amount of which was sanctioned
to her as loan. Investigation is almost completed and no further
purpose would be served by keeping her behind the bars. She is ready
to co-operate in the investigation and abide any condition which may
be imposed upon her, in the event of her application being allowed.
Hence, she may kindly be released on bail.

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5.

BA 1570/22
Learned A.P.P. vehemently opposed the application and
submitted that, there is prima facie documentary proof on record
against the applicant. She had obtained loan by forging and fabricating
the documents of her service in the Mazgaon Dock Shipyard. If she is
released on bail, she may threaten and pressurise the witnesses. Hence,
the application may be rejected.
6.

I have given thoughtful consideration to the submissions
made by the parties. The verification of the loan application and
documents submitted by the applicant along with her application were
verified by one Yogesh Agre of Paradox Services Ltd. Company. The said
Company had submitted a positive report regarding the false claim of
employment of applicant Sneha Bansode in the Mazgaon Dock. On the
basis of the said verification report which is apparently false, the said
loan amount was sanctioned to applicant which she later on refused to
pay back. That, when the representative of the Company went to her
house, she threatened to implicate him in a false criminal case. It is
surprising that Investigating Officer has not taken steps against the
persons who are responsible for false verification report regarding the
false claim of the applicant Sneha Bansode of her employment in the
Mazgaon Dock. The Investigating Officer was directed to remain
present at the time of hearing of the application. When he appeared in
the Court, he was asked as to why no steps are taken by him to take
action against the persons responsible for false verification report. The
Investigating Officer was not able to give satisfactory answers to the
query made by the Court and only stated that the investigation has
been transferred to him in the month of January, 2022 and he will take
further appropriate steps against prospective accused persons. Be that
as it may, there is overwhelming prima facie documentary proof against
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BA 1570/22
the applicant on record at this stage. She is offering to pay back the
loan amount obtained by her on the basis of documents submitted by
her along with her loan application. But, in my opinion, her offer to pay
back the loan amount, will not help her in any way at this stage when
there is plenty of prima facie material against her on record. She has no
explanation regarding the said forged documents of her employment.
The investigation is in progress and it may get hampered due to release
of applicant on bail, as there is possibility that she may threaten and
pressurise the complainant and witnesses. There is also possibility that
she may destroy the documentary evidence which may be still in her
possession and there is also a possibility that she may flee away from
justice. Therefore, considering the nature of accusations and material
on record, at this stage, I am not inclined to allow the application and
proceed to pass the following order :ORDER
1.

Bail Application No.1570 of 2022 is hereby rejected and
disposed off.

2.

Inform the concerned police station accordingly.
Digitally signed
by VISHAL
SADASHIVRAO
GAIKE
Date:
2022.07.07
17:38:44 +0530
Date : 05/07/2022.
Dictated on
Transcribed on
Signed on
: 05/07/2022.
: 06/07/2022.
:
( VISHAL SADASHIVRAO GAIKE )
ADDL. SESSIONS JUDGE,
CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.

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BA 1570/22
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
07/07/2022 at 5.45 p.m.

NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri Vishal S. Gaike
Room No.)
(Court Room No.22)
Date
of
Pronouncement
JUDGMENT/ORDER
of 04/07/2022.

JUDGMENT/ORDER signed by
P.O. on
07/07/2022.

JUDGMENT/ORDER uploaded on
07/07/2022.