Mumbai, Maharashtra – June 13, 2022 – Prince Mahendra Singh @ Ajay Singh has been granted bail in connection with a cheating case registered at Park Site Police Station (C.R. No. 113 of 2022). The Additional Sessions Judge, Anand P. Kanade, of the Sessions Court for Greater Bombay, approved Singh’s bail application (Criminal Bail Application No. 1139 of 2022) citing the lack of direct involvement in the misrepresentation and promise made to the complainant.

Background of the Case:

Singh was arrested and charged under Sections 420 (cheating and dishonestly inducing delivery of property) and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal¹ Code (IPC). The prosecution alleged that Singh was involved in a scheme where the complainant, Raisulla, was induced to hand over Rs. 20,00,000 under the pretext of receiving change, but the money was instead taken and the perpetrators fled.

Allegations and Arrest:

According to the prosecution, accused Vijay Singh and Suresh Singh induced the complainant to deliver Rs. 20,00,000. Singh was alleged to have been present at the scene and his motorcycle was used in the escape. The investigation revealed that Singh was the person who transported Suresh Singh on his motorcycle.

Defense Arguments:

Smt. Dipika Oswal, representing Singh, argued for his release on bail.

Prosecution’s Counter-Arguments:

Smt. Seema Deshpande, the Additional Public Prosecutor (APP), opposed the bail application.

Court’s Observations and Decision:

Judge Kanade noted that Singh was not the person who made any representations or promises to the complainant. The allegations of misrepresentation and the promise of giving change were specifically against accused Vijay Singh and Suresh Singh. The court also observed that the Rs. 20,00,000 was delivered to Suresh Singh, not to Singh.

“Police papers shows that amount of Rs.1,46,000/- and motorcycle was seized from applicant but it cannot be a ground to reject the bail application particularly when there is no allegation made against the applicant that he made representation and induced to deliver the amount and accordingly, amount was delivered to the applicant,” Judge Kanade stated in his order.

The court concluded that Singh was entitled to be released on bail with certain conditions.

Bail Conditions:

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

• He must execute a Personal Bond of Rs. 20,000 and provide one or two solvent sureties of the same amount.
• He is permitted to furnish provisional cash security of Rs. 20,000 for one month in lieu of the surety bond.
• He must attend Park Site Police Station every Monday between 10:00 AM and 12:00 PM until the filing of the charge sheet.
• He must provide a list of at least three blood relatives with their detailed residential addresses and work addresses (if any), along with documentary proof.
• He and his surety must inform the police and the trial court of any change in their residential addresses.
• He must submit copies of at least two documents among Pan Card, Aadhaar card, Ration card, Electricity Bill, Voter ID card, or property documents.
• The Investigating Officer (IO) will conduct physical verification of the residential addresses.
• He must not threaten or influence any person acquainted with the case.
• He must not leave the territorial limits of Mumbai without prior permission from the court.
• He must not commit any offense similar to the offenses of which he is accused in the present matter.
• Conditions regarding document submission and verification must be complied with before or during the furnishing of the cash security or surety bond.
• Bail must be furnished before the Court of Metropolitan Magistrate.

Significance of the Ruling:

This ruling highlights the court’s focus on direct involvement in the alleged criminal activity when deciding bail applications. The court’s decision underscores that mere presence at the scene or the use of one’s property in the commission of a crime does not automatically warrant denial of bail, especially when there is a lack of direct involvement in the primary misrepresentation or inducement.

Key Factors in the Bail Grant:

• Lack of direct involvement in the misrepresentation and promise made to the complainant.
• The money was delivered to another accused, not to Singh.
• Conditions to ensure Singh’s presence and prevent witness intimidation.

Future Proceedings:

The investigation in the case will continue, and the prosecution will be required to prove the charges against Singh and the other accused beyond a reasonable doubt in the trial court. The court will monitor Singh’s compliance with the bail conditions.