Mumbai, Maharashtra – May 13, 2022 – Rajubhai Ramjibhai Badreshwara has been granted bail in a case involving cheating and forgery registered at L.T. Marg Police Station (C.R. No. 965 of 2021). The Additional Sessions Judge, R.M. Sadrani, of the Sessions Court for Greater Bombay, approved Badreshwara’s bail application (Bail Application No. 897 of 2022) citing the rental agreement for the office used in the alleged fraud and the fact that co-accused have been granted bail.
Background of the Case:
Badreshwara was arrested and charged under Sections 406 (criminal breach of trust), 419 (cheating by personation), 420 (cheating and dishonestly inducing delivery of property),1 467 (forgery of valuable security, will, etc.), and 120B (criminal conspiracy)2 read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code3 (IPC).
Allegations and Arrest:
According to the prosecution, the complainant, Rajgopal Somani, and his partner, Subhash Chavan, intended to invest money and paid Rs. 2 Crores to co-accused Ashwin Nanubhai Kothiya @ Patel, an Angadiya agent. The Angadiya agent operated under the name “P Keshavlal and Company” from an office in Zaveri Bazar. The prosecution alleged that Badreshwara had taken this office on rent and was therefore a conspirator in the fraud.
Defense Arguments:
Mr. Kamlesh Gujar, representing Badreshwara, argued for his release on bail.
Prosecution’s Counter-Arguments:
Mr. Abhijeet Gondwal, the Additional Public Prosecutor (APP), represented the state.
Court’s Observations and Decision:
Judge Sadrani noted that the complainant and his partner paid Rs. 2 Crores to co-accused Ashwin Nanubhai Kothiya @ Patel, an Angadiya agent, operating from an office allegedly rented by Badreshwara. The court also observed that the investigation was complete, the charge sheet was filed, and co-accused Ashwin Nanubhai Kothiya @ Patel and other accused had been granted bail. Badreshwara was arrested on July 23, 2021, and all the offenses were triable by the Magistrate’s Court.
“Allegation against the applicant is that said office No.10 is taken by the applicant on rent and therefore, he is one of the conspirators. Investigation is over and chargesheet is filed. Co-accused Ashwin Nanubhai Kothiya @ Patel is released on bail. Other accused are also released on bail. Applicant is arrested on 23/07/2021. All the offences are triable by the Magistrate’s Court. Considering all these facts, I am inclined to allow the application,” Judge Sadrani stated in his order.
The court concluded that Badreshwara was entitled to be released on bail.
Bail Conditions:
The court granted bail to Badreshwara, subject to the following conditions:
- He must execute a Personal Recognizance (PR) bond of Rs. 50,000 and provide one surety of the same amount.
- He must deposit a cash surety of Rs. 50,000.
- He must provide his detailed address and phone number at the time of furnishing bail.
- Bail must be furnished before the Court attending remand.
- He must not threaten or influence any person acquainted with the case.
- He must not leave India without prior permission from the court.
Significance of the Ruling:
This ruling highlights the court’s consideration of the rental agreement and the parity with other co-accused when deciding bail applications. The court’s decision underscores that when co-accused have been granted bail and the investigation is complete, bail can be granted with appropriate conditions.
Key Factors in the Bail Grant:
- Rental agreement for the office used in the alleged fraud.
- Bail granted to co-accused.
- Completion of the investigation and filing of the charge sheet.
- Minor nature of the offenses (triable by the Magistrate’s Court).
- Conditions to ensure Badreshwara’s presence and prevent witness intimidation.
Future Proceedings:
The trial will proceed in the Magistrate’s court. The prosecution will be required to prove the charges against Badreshwara and the other accused beyond a reasonable doubt. The court will monitor Badreshwara’s compliance with the bail conditions.