Mumbai, April 9, 2025 (Thane News Network): The Additional Sessions Judge Shri. S.D. Kulkarni, presiding over Court Room No. 30 in Greater Mumbai, has rejected the bail application of Mr. Subrata Dwidesh Chandra Roy, an adult Indian inhabitant residing in Kharghar, Navi Mumbai. Roy was arrested in connection with CR. No. 353/2021 registered at V.B. Marg Police Station for allegedly committing offences under Section 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code. The order denying bail was passed on August 8, 2022.
The prosecution’s case against Roy is that he allegedly lured the informant by promising a job for her brother in the railways in exchange for a sum of money. The informant reportedly agreed and paid Roy ₹3,00,000/-. Subsequently, Roy neither provided the promised job nor returned the money. The informant later discovered that Roy had allegedly defrauded several other individuals, leading to the lodging of the police report.
In his bail application, Roy claimed to be falsely implicated. He denied committing any fraud or deceiving the informant or other witnesses. He specifically refuted the allegation of receiving ₹3,00,000/- from the informant. Roy further argued that nothing had been recovered from his possession, and therefore, there was no reason to keep him in custody.
The prosecution vehemently opposed the bail application, asserting that Roy had not only cheated the informant but also several other witnesses, from whom he had allegedly collected a substantial amount of ₹12,20,000/-. The prosecution also raised concerns about Roy potentially fleeing from justice, stating that he was not a permanent resident of Mumbai. Additionally, they alleged that the proceeds of the crime were yet to be recovered and that Roy’s release could lead to him threatening prosecution witnesses.
The Additional Public Prosecutor (A.P.P.) Mr. Mahakal, representing the State, relied on a judgment by the Hon’ble Apex Court in the case of State of Bihar V/s. Amit Kumar @ Bacha Rai (Cr.Appeal No. 767 of 2017), which emphasized that socio-economic offenses require a different approach in bail matters. The Apex Court had noted that the investigating agency was likely to file an additional charge sheet and the accused’s presence in custody might be necessary for further investigation. The seriousness of the offense, according to the Apex Court, should outweigh the duration of the accused’s incarceration when considering bail in such cases.
After reviewing the report and the statements of witnesses, Additional Sessions Judge Shri. S.D. Kulkarni observed that all the witnesses had stated that Roy had assured them of jobs and had extracted money from them. The statements of 13 witnesses who had allegedly paid money to Roy were on record. The court also noted that the proceeds of the crime had not been recovered, and the offense was serious in nature, falling under the category of socio-economic offenses.
Judge Kulkarni concurred with the prosecution’s argument that individuals like Roy, who allegedly take advantage of unemployed persons by making false promises of jobs and extracting large sums of money, pose a significant societal issue with increasing incidence. The Investigating Officer had also indicated that Roy was not a permanent resident of Maharashtra and had not cooperated with the investigation agency, making interrogation and recovery difficult.
Considering the nature of the offense, the fact that Roy had allegedly cheated a significant number of individuals by giving false job assurances and extracting a substantial amount of money, the Additional Sessions Judge concluded that Roy was not entitled to be released on bail.
Consequently, the court passed the following order:
- Bail Application Rejected: Bail Application No. 1856 of 2022 stands rejected.
- Application Disposed Of: Bail Application No. 1856 of 2022 is disposed of accordingly.
The order was dictated on August 8, 2022, transcribed on August 10, 2022, and signed by Additional Sessions Judge Shri. S.D. Kulkarni on August 10, 2022. The certified true copy of the order was uploaded on the court’s record on August 10, 2022.
This denial of bail underscores the court’s serious view of socio-economic offenses, particularly those that prey on vulnerable individuals seeking employment. The lack of recovery of the allegedly defrauded money and concerns about the accused’s potential to abscond and influence witnesses were key factors in the court’s decision to keep SubrataDwidesh Chandra Roy in custody pending further legal proceedings.