Mumbai, Maharashtra – April 18, 2022 – Manish Vikram Gupta, accused in an online fraud case, has been granted bail by the Sessions Court for Greater Mumbai. The court, presided over by Additional Sessions Judge Purushottam B. Jadhav, granted bail, emphasizing that the offenses registered against Gupta do not warrant lengthy imprisonment and that conditions can address concerns about repetition of offenses and absconding.

Gupta was arrested in connection with Crime No. 392 of 2021, registered at the V.B. Nagar Police Station, and was charged under sections 419 (cheating by personation), 420 (cheating and dishonestly inducing delivery of property), read with 34 (acts done by several persons in furtherance of common intention) of¹ the Indian Penal Code (IPC), and sections 66(C) and (D) of the Information Technology Act.

Background of the Case:

The prosecution alleged that Gupta provided mobile numbers of consumers to co-accused Saurav Pal, who then contacted the complainant, impersonating a Reliance Company representative. Pal allegedly deceived the complainant into depositing Rs. 5,198 under the pretext of exchanging a television set.

Applicant’s Arguments for Bail:

Sandeep Ramkar, representing Gupta, argued for his client’s release on bail.

Prosecution’s Objections:

J.N. Suryawanshi, representing the State, opposed the bail application, arguing that Gupta was primarily responsible for the offense and that co-accused Pal had several complaints against him. The prosecution expressed concerns about the possibility of Gupta repeating the offense and absconding.

Court’s Observations and Decision:

Judge Jadhav noted that the offenses registered against Gupta are not punishable with imprisonment for more than seven years. In such cases, the court emphasized that bail is the rule and jail is an exception. The court acknowledged the prosecution’s concerns about repetition of offenses and absconding but stated that bail conditions could adequately address these concerns.

The court also noted that the investigation was complete, and the charge sheet had been filed. While the total alleged fraud amounted to Rs. 2,83,214, the specific charge against Gupta in this case related to Rs. 5,198. Considering these factors, the court deemed it just and proper to grant bail to Gupta.

Bail Conditions:

The court granted bail to Gupta, subject to the following conditions:

• Gupta must furnish a Personal Recognizance (P.R.) bond of Rs. 15,000 with one surety of the same amount.
• Gupta must not tamper with witnesses or evidence.
• Gupta must provide his detailed address, mobile/contact number, address proof, and identity proof at the time of furnishing bail.
• Gupta must inform the court and the investigating officer of any change in his residence or mobile/contact number.
• Gupta must attend court regularly.
• Gupta must cooperate with the investigating officer.
• Bail must be furnished before the concerned Metropolitan Magistrate.

Outcome:

The court’s decision reflects a consideration of the nature of the offenses, the progress of the investigation, and the ability of bail conditions to mitigate concerns about repetition and absconding. By imposing conditions such as regular court attendance and cooperation with the investigation, the court aims to ensure Gupta’s compliance with the legal process while granting him bail.