Mumbai, February 26, 2024 – Ritin Dinesh Dubey has been granted bail by the City Civil and Sessions Court at Greater Bombay in connection with a cattle feed fraud case. Additional Sessions Judge N.P. Tribhuwan (Court Room No. 23) issued the order on February 23, 2024.
Dubey was arrested in connection with Crime No. 906/2022, registered at the Pydhonie Police Station, for offenses under Sections 409 (criminal breach of trust by a public servant, banker, merchant, or agent), 420 (cheating and dishonestly inducing1 delivery of property), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal2 Code (IPC).
Background and Allegations:
The complainant, Rajesh Jamnadas Thakkar, who runs a cattle feed business, alleged that his agent, Bipin Dhanji Thakkar, failed to pay for cattle feed products worth Rs. 24,59,168 supplied between June 2019 and January 2020. Bipin Dhanji Thakkar claimed that the buyers, including Maharaja Dairy Farm, Lucky Dairy Farm, and Mustaq Firoj, had not paid him. However, upon inquiry, the buyers stated they had paid Bipin, some in cash and some through cheques.
During the investigation, it was revealed that Ritin Dinesh Dubey and Guruprasad were also involved in the offense, acting in furtherance of their common intention with Bipin Thakkar. Guruprasad stated he paid Bipin, but Bipin denied receiving the money.
Arguments Presented:
Advocate Ajay Kumar Yadav, representing Dubey, argued that his client was falsely implicated and arrested on February 5, 2024. He contended that the investigation was complete, Dubey had been thoroughly interrogated, and nothing was recoverable from him. He argued that Dubey was merely implicated based on accusations from the main accused.
Additional Public Prosecutor (APP) Jyoti Sawant represented the State.
Court’s Reasoning and Decision:
Judge Tribhuwan noted that the offense under Section 409 of the IPC pertains to criminal breach of trust by a public servant, banker, merchant, or agent, and Dubey was not an agent or servant of the complainant. Regarding Section 420 of the IPC, the court observed that it appeared to be a case of sale and purchase of cattle feed products through agent Bipin Dhanji Thakkar, who had not made the payment.
The court considered that Dubey was arrested on February 5, 2024, and was in magisterial custody. The evidence was primarily documentary, and the offense under Section 409 of the IPC is punishable with imprisonment for life or 10 years. Dubey had no prior criminal record.
Considering the nature of the offense, the allegations, and the facts of the case, the court found it desirable to release Dubey on bail.
Bail Conditions:
Dubey was granted bail upon the following conditions:
- He must execute a personal bond of Rs. 15,000 with one or more sureties of the same amount.
- He must not tamper with any prosecution witnesses.
- He must cooperate with the investigation and be available for interrogation when required.
- He must not misuse his liberty.
- He must furnish his detailed address and mobile number to the investigating officer and the concerned court, and notify them of any changes.
Order Details:
The order was dictated, checked, and signed on February 23, 2024, and uploaded on February 26, 2024, at 2:42 p.m.
This decision reflects the court’s consideration of the specific allegations against Dubey, the nature of the evidence, and the imposition of conditions to ensure his compliance with the legal process.