Mumbai, April 9, 2025 (Thane News Network): The Additional Sessions Judge for Greater Mumbai, Shri A.A. Kulkarni, has granted bail to Sagar Balkrishna Phatak in connection with a cheating case registered by the DCB CID, Unit III, involving the alleged misuse of Tata Capital’s name. The order was passed on August 4, 2022, in Criminal Bail Application No. 1888 of 2022.

The case unfolded after the Crime Detection Branch (CID) received information about individuals allegedly cheating people under the guise of Tata Capital in the Ghatkopar West area. Acting on this intelligence, the police conducted a raid at Shripal Building, M.G. Road, Ghatkopar (W), Mumbai, where they found the applicant, Sagar Balkrishna Phatak, along with three other individuals: Satish Durgule, Deepika Mali, and Prathamesh Patade. Subsequently, all four were arrested on allegations of cheating, forgery, and preparing false documents.

Mr. Vikas Kamble, the learned advocate representing the applicant, argued for Phatak’s release, stating that the investigation in the case was complete. He pointed out that during the investigation, authorities seized two mobile phones, two SIM cards, Phatak’s Aadhar Card, PAN Card, debit cards of Kotak Bank and Corporation Bank, visiting cards, one BSNL SIM, and a notebook from the applicant. However, Mr. Kamble contended that apart from these articles, there was no concrete evidence linking Phatak directly to the alleged cheating, forgery, and other charges leveled against him by the investigating officer.

Furthermore, the applicant claimed that he was merely an employee of a company run by Satish Durgule and had not personally received any money from any of the alleged victims. Given that the investigation was complete, the defense argued that there was no prima facie evidence to suggest Phatak’s involvement in the cheating and related activities, thus warranting the grant of bail.

The State, represented by learned APP Ms. Ratnavali Patil, opposed the bail application by filing a reply (Exhibit 2). The prosecution argued that the applicant and the other apprehended individuals were operating a call center under the name of Tata Capital. The investigation allegedly revealed that four individuals were cheated of a total amount of ₹1,98,300/-. The prosecution highlighted the existence of a conspiracy and the fact that four more accused were yet to be arrested. Given the serious, technical, and complicated nature of the offense, the prosecution urged the court to reject the bail application.

After considering the submissions from both sides and perusing the documents on record, Additional Sessions Judge Shri A.A. Kulkarni noted that the investigation against the applicant was complete. Significantly, the court observed that there were no specific allegations directly implicating Phatak in the act of cheating any person. It was also noted that the alleged company was run by the co-accused, Satish Durgule. The court found no prima facie evidence on record indicating that Phatak personally benefited from the alleged cheating. Moreover, the prosecution did not claim that any further seizures were to be made from the applicant. Additionally, there were no prior criminal antecedents against Phatak.

Considering these circumstances, the Additional Sessions Judge was of the opinion that since the investigation concerning the applicant was complete and no further recoveries were anticipated from him, there was no justifiable reason to detain him further for an indefinite period. Consequently, the court held that the applicant was entitled to be released on bail.

The court then passed the following order:

1. Bail Application Allowed: Criminal Bail Application No. 1888 of 2022 was allowed.
2. Release on Bond: Applicant/accused Sagar Balkrishna Phatak was ordered to be released on bail upon furnishing a Personal Recognizance (P.R.) Bond of ₹25,000/- along with one or two sureties of a like amount in connection with C.R. No. 21/2022 registered with DCB CID, Unit III.
3. Police Appearance on Notice: The applicant/accused is directed to attend the DCB CID, Unit III office whenever called upon by the Investigating Officer.
4. Address and Contact Information: Phatak is required to furnish his residential address proof and contact numbers to the Investigating Officer.
5. No Tampering with Witnesses: The applicant/accused is strictly prohibited from directly or indirectly making any inducement, threat, or promise to any person acquainted with the facts of the case to dissuade them from disclosing such facts to the Court or to any Police Officer.
6. Travel Restriction: The applicant/accused shall not leave India without the previous permission of the Court.
7. Bail Before Lower Court: The bail formalities are to be completed before the Learned Court below.
8. Application Disposed Of: Criminal Bail Application No. 1888 of 2022 stands disposed of accordingly.

The order was dictated, transcribed, and signed by Additional Sessions Judge Shri A.A. Kulkarni on August 4, 2022, and subsequently uploaded on the court’s record on August 5, 2022.

This bail order offers a significant relief to Sagar Balkrishna Phatak. However, he remains an accused in the case and is bound by the conditions set forth by the court. The investigation into the larger conspiracy and the search for the remaining accused are likely to continue, and Phatak may be required to cooperate with the ongoing legal process as directed by the Investigating Officer. The case will now proceed through the legal channels to determine the culpability of all the accused involved.