Mumbai, August 10, 2022 (Thane Location Insight): The Court of Sessions for Greater Mumbai has granted bail to Raj Dilip Gupta, a 23-year-old service professional, who was arrested in connection with a case registered under Sections 406 (criminal breach of trust) and 420 (cheating) read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC)¹ at the L.T. Marg Police Station. The bail was granted on August 8, 2022, after the court noted that a settlement had been reached between Gupta and the original informant in the case, Vasant Bhagogi Kapadi.

The bail application, Criminal Bail Application No. 1889 of 2022, was heard by the Additional Sessions Judge, Shri A.A. Kulkarni (C.R. No. 24). Advocate Ateet Mhambrey appeared on behalf of the applicant/accused, Raj Dilip Gupta, while Ms. Ratnavali Patil represented the Respondent/State. Advocate Ashish Phalke appeared for the intervener.

During the hearing, Advocate Mhambrey submitted that Gupta’s arrest stemmed from C.R. No. 86/2021, related to a dispute arising out of a commercial transaction. He further informed the court that a settlement had been reached between his client and the informant, leading to a resolution of the dispute. Based on this settlement, he prayed for the grant of bail to Gupta.

The original informant, Vasant Bhagogi Kapadi, personally appeared before the court and filed an affidavit along with the settlement agreement. As per the terms of the agreement, Gupta agreed to pay a sum of Rs.2,90,000/−​ to Kapadi. The court was informed that an initial cheque of Rs.40,000/−​ had already been issued on August 5, 2022. Kapadi stated that he had no objection to the release of the applicant on bail in light of the settlement, with the remaining amount to be paid after the bail was granted.

Considering the circumstances, Additional Sessions Judge A.A. Kulkarni opined that since the dispute originated from a commercial transaction and a settlement had been reached between the parties, the applicant was entitled to be released on bail. Consequently, the court passed the following order:

ORDER:

1. Criminal Bail Application No. 1889 of 2022 is allowed.
2. Applicant/accused Raj Dilip Gupta be released on bail on furnishing P.R. Bond of Rs.15,000/−​ along with one surety of like amount in connection with C.R. No. 86/2021 registered with L.T. Marg police station.
3. Applicant/accused shall furnish his residential address proof and contact numbers to Investigating Officer.
4. Applicant/accused shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.
5. Applicant/accused shall not leave India without previous permission of the Court.
6. Bail before Ld. Court below.
7. Criminal Bail Application No. 1889 of 2022 stands disposed of accordingly.

The order, dictated and pronounced in open court on August 8, 2022, was signed by Additional Sessions Judge A.A. Kulkarni on the same date and uploaded on August 10, 2022.

This case highlights the significance of amicable settlements in resolving disputes, even those that have led to criminal proceedings. The court’s decision to grant bail based on the settlement underscores the possibility of reconciliation and resolution outside of prolonged legal battles, particularly in cases arising from commercial transactions. The conditions imposed on the bail ensure the applicant’s cooperation with the ongoing legal process and prevent any potential obstruction of justice.