B.A.866/2024
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MHCC020055102024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.866 OF 2024
IN
C.R.NO.24 OF 2024 (DCB CID Unit-VIII)
C.R.NO.250 OF 2024 (Vakola Police Station)
Mr. Mayank Pradeep Sharma
Age : 22 Years, Occ : Service
having his residential address
at House No.421, Kutub Vihar,
Phase No.1, New Delhi,
currently languishing in Taloja
Road Jail, Navi Mumbai since
12/03/2024
…Applicant
Vs.
The State of Maharashtra
(Through Crime Branch, Unit
No.8, Andheri)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 10th April 2024
Shri Prem Kumar R. Pandey, learned advocate for applicant.
Ms. Ratnavali Patil, learned APP for State/Respondent
ORDER
01.

The applicant Mr. Mayank Pradeep Sharma has filed this
B.A.866/2024
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application under Section 439 of the Code of Criminal Procedure for
granting bail in connection with Crime no.24/2024 registered in DCB
CID Unit-VIII (C.R.No.250/2024 registered in Vakola Police Staion) for
the offences under Section 419, 420, 465, 468, 471, 120-B r/w. 34 of
the Indian Penal Code, on the allegations that the applicant and coaccused induced the informant to deliver 25000 US $ by giving an
assurances to pay exchange amount of Rs.21,25,000/- and cheated the
informant.
02.

The investigating officer through learned A.P.P. filed reply
(Exh.02) and strongly opposed the application. It is contended that the
investigation is in progress and involvement of the applicant in the
present crime is transpired in primary investigation. The applicant and
co-accused gave assurances to exchange 25000 US $ to the informant
and cheated him. The investigation is going on in respect of 25000 US $
taken by the applicant from the informant. In the course of investigation
it is also transpired that the applicant and co-accused committed other
similar offences. In the CCTV footage the applicant is seen on the spot
of incident while committing the offence. In such circumstances, if the
applicant is released on bail there is possibility of committing similar
offence, tampering further investigation, fleeing away from justice and
pressurizing the prosecution witnesses. Hence, the investigating officer
prayed to reject the application.
03.

Heard Prem Kumar R. Pandey, learned advocate for the
applicant and Ms. Ratnavali Patil, learned APP for the prosecution.
04.

I have carefully gone through record with reference to
submission of both the sides. It appears that on the basis of report
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lodged by the informant Shri Paresh Bhawarlal Parmar an offence was
registered in Vakola Police Station, Mumbai for the offence punishable
under Section 420 r/w. 34 of the Indian Penal Code against one
Krishnan and other. The name of the applicant is not mentioned in the
First Information Report. The investigating officer arrested the applicant
on the basis of CCTV footage on 06/03/2024 and produced before the
Metropolitan Magistrate. He was remanded to police custody till
12/03/2024 and thereafter taken into judicial custody. In the course of
police custody of the applicant, except mobile handset, Sim card, Key
card of different hotels, ATM card of different banks and mobile bill
nothing could be recovered to show his involvement in the present
crime. The applicant is behind bar right from the date of arrest i.e.
06/03/2024 till date. The presence of the applicant is not necessary for
any recovery or discovery. The charges levelled against the applicant are
not exclusively punishable with death or imprisonment for life. The
investigating officer in reply contended that similar offences are
registered against applicant, but nothing is placed on record to show his
involvement in other similar cases. There are no extra ordinary
circumstances to keep the applicant behind bar for indefinite period and
complete remaining part of investigation. The apprehension placed on
record by the investigating officer can be taken care of by imposing
certain conditions. In the facts and circumstances of the case, the
applicant is entitled to release on bail. Hence, the following order is
passed.
ORDER
1.

Criminal Bail Application No.866 of 2024 is allowed.

2.

The applicant Mayank Pradeep Sharma be released on bail in
Crime
no.24/2024
registered
in
DCB
CID
Unit-VIII
(C.R.No.250/2024 registered in Vakola Police Staion) for the
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offences under Section 419, 420, 465, 468, 471, 120(B) r/w. 34
of the Indian Penal Code on his executing P.R.Bond of Rs.50,000/(Rupees Fifty Thousand) with one or two sureties of the like
amount.
3.

The applicant and his surety shall provide their respective mobile
numbers, e-mail address and documents pertaining to place of
residence.

4.

The applicant shall not directly or indirectly make any
inducement, threat or pressurize any person acquainted with the
facts of the present case so as to dissuade him from disclosing
such facts to the Court.

5.

The applicant shall not leave India without prior permission of
the Court.

6.

The applicant is directed to attend the DCB CID Unit-VIII police
station once in a week i.e. on every Monday between 11.00 a.m.
to 1.00 p.m. till filing of charge-sheet and co-operate the
investigating agency.

7.

Provisional cash bail in the like amount is allowed. The applicant
shall furnish surety within four weeks from the date of release
from jail, failing which the cash bail shall stand forfeited without
any separate order.

8.

Breach of any conditions by the applicant shall result in
cancellation of bail.

9.

Bail before learned Metropolitan Magistrate Court.

10.

Thus, Criminal Bail Application No.866 of 2024 stands disposed
of.

10/04/2024
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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Dictated on
: 10/04/2024
Transcribed on : 12/04/2024
Signed on
: 12/04/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
12/04/2024
5.45 p.m.

Name of Stenographer
Mrs. M.S. Putta
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27)
of
10/04/2024
JUDGEMENT /ORDER signed by P.O.
on
12/04/2024
JUDGEMENT /ORDER uploaded on
12/04/2024