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Cri. Bail Application No. 906 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 906 OF 2022
{Shubhadip Chandi Banerjee vs. The State of Maharashtra through
Cyber Police Station}
This is the application under section 438 of the Criminal
Procedure Code, 1973 for grant of anticipatory bail in Crime No. 25
of 2021 registered with Cyber Police Station for the offence
punishable under section 420 of the I. P .C. and section 66(d) of the
Information Technology Act.
02]
The applicant contended that false and fabricated case is
registered against him. He is permanent resident of West Bengal and
is running business there. He was unable to complete the order and
was ready to pay the amount. But, the complainant filed this case
against him. He has repaid the original amount, but the complainant
wants to interest thereon. The other two accused are released on bail
as per crime application no. 1246 of 2021. His custodial interrogation
is not required. He has no criminal antecedent. He is ready to abide
by any conditions imposed by the court. Hence, he has prayed for
grant of anticipatory bail.
03]
APP filed say at Ex. 06 and I. O. filed say at Ex. 07. They
have stated that the offence is of serious nature. The accused is
involved in the crime. The bank account of the company has the
mobile number of the present applicant. The accused have cheated
the complainant. He has not cooperated the investigation. Hence,
they have prayed for rejection of bail.
04]
Heard the learned counsel for the accused and learned
APP. They have argued as per their stand taken as above.
05]
I have gone through the application, say, arguments and
police papers. The name of the present accused is not mentioned in
the F. I. R. The other two accused are released on anticipatory bail.

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The I. O. has not pointed out that the present accused misappropriated
the amount and handled the account of which his phone number is
given. The accused has no criminal antecedent.

The offence is not
punishable more than seven years of imprisonment. The accused has no
criminal antecedent. The other two main accused are released on bail.
He is entitled for bail on suitable terms and conditions. Hence, the
following order:
ORDER
01]
Application for anticipatory bail is allowed on
the same terms and conditions as given below
Ex. 4 i.e. interim bail order and interim
anticipatory bail is hereby confirmed.

02]
The applicant should attend the Police station
in between 11.00 a. m. to 02.00 p. m. from
dated 30.07.2022 and 31.07.2022 and help the
police in investigation.

03]
Inform the concerned Police station accordingly.
Digitally signed
by RATHI
ROOPESH
RATHI
RAMSWARUP
ROOPESH
RAMSWARUP Date:
2022.07.28
17:21:53 +0530
Date : 26.07.2022
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.