Mumbai, June 30, 2022 – Yash Bharatbhai Buptani, accused of cheating and offenses under the Information Technology Act, 2000, has been granted bail by Additional Sessions Judge C.V. Patil. The court dismissed the prosecution’s concerns about the accused absconding, citing the completion of the initial investigation period.

Buptani was arrested in connection with C.R. No. 284/2021 registered at Colaba Police Station, Mumbai. He was charged under Section 420 (cheating) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC) and Section¹ 65(c)(d) of the Information Technology Act, 2000.

Prosecution’s Case:

The prosecution alleged that Buptani, along with others, induced the complainant to pay Rs. 47,400 and subsequently cheated him.

Defense Arguments:

Advocate Sunil Pandey, representing Buptani, argued for bail.

Prosecution’s Stance:

APP Shankar Erande, representing the State, strongly opposed the bail application. They argued that three co-accused were absconding and yet to be arrested. They expressed concern that if Buptani was released, he would also abscond, hindering the trial.

Court’s Observations and Decision:

Judge Patil noted the following key points:

• Completion of Initial Investigation Period: Buptani was arrested on June 4, 2022, and remanded to police custody until June 10, 2022, followed by judicial custody. Sufficient time was granted to the investigating officer (IO) for investigation.
• Dismissal of Absconding Concern: The court dismissed the IO’s objection that Buptani’s release would hinder the search for absconding co-accused, stating that it was the IO’s responsibility to find them. The court also stated that the IO had sufficient time to investigate Buptani while in custody.
• Conditions to Prevent Absconding and Evidence Tampering: The court acknowledged the prosecution’s concern that Buptani might abscond or tamper with evidence if released. However, it stated that these concerns could be addressed by imposing appropriate conditions.

“Sufficient time was granted to IO to conduct investigation towards this accused even then now also the IO has objection to release this accused on the ground to find out other co­accused who are absconding. To find out accused which is act of IO. However, for sufficient time the accused was in the custody of IO, therefore, at this stage the ground shown by IO to find out absconding accused is not susceptible to reject regular bail application of the present accused. The next ground that if accused is released on bail then he will abscond and then tamper prosecution evidence, ultimately, that will create hurdle in the investigation/trial of the case. The second ground can be secured by imposing conditions on accused. For that purpose it is not proper to detain the accused behind the bar,” Judge Patil stated in her order.

Conditions of Bail:

Buptani was granted bail on the following conditions:

• He must execute a Personal Recognizance (PR) Bond of Rs. 25,000 with one or two sureties of the like amount.
• He must attend Colaba Police Station on the 10th day of every month.
• He must not tamper with prosecution evidence.

Implications:

This decision highlights the court’s emphasis on the completion of the initial investigation period and its willingness to dismiss concerns about absconding when sufficient time has been granted to the IO. The court’s decision to impose conditions, rather than deny bail, reflects a balanced approach to the accused’s right to liberty and the need to ensure a fair trial. The monthly police station attendance condition is designed to ensure that the accused remains accessible to the investigating agency during the ongoing investigation.