Mumbai, August 30, 2022 – Mr. Subojit Bijaykumar Bagh, a 36-year-old musical instrument maker from West Bengal, has been granted bail by the Sessions Court for Greater Mumbai in connection with a case of alleged gold misappropriation. The bail application, Criminal Bail Application No. 1962 of 2022, pertained to Crime No. 42 of 2022 registered with the DCB CID Unit-6, which was initially registered at Dindoshi Police Station as C.R. No. 742 of 2021.

The applicant was arrested by the DCB CID Unit-6 and faced charges under Sections 408 (criminal breach of trust by clerk or servant), 465 (forgery), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document or electronic record), 411 (dishonestly receiving stolen property),¹ 413 (habitually dealing in stolen property), and 120-B (criminal conspiracy) of the Indian Penal Code.

Ms. Anjali Patil, the learned advocate representing Mr. Bagh, argued that her client had been falsely implicated in the case. She contended that there was no concrete evidence linking him to the crime and that he was never an employee of the informant. She further stated that only 8 grams of gold articles, belonging to the applicant himself, were seized during a search of his house. Based on the evidence collected, she argued that at most, offenses under Sections 465 and 471 of the IPC, which are bailable, might be attracted. Ms. Patil also highlighted that the investigation was complete, the charge sheet had been filed, and her client, a resident of Mumbai, was willing to abide by any conditions imposed by the court, thus requesting the grant of bail.

The prosecution, represented by Learned APP Ms. Jyotsana Gawali and the Investigating Officer (I.O.), opposed the application. They argued that Mr. Bagh had prepared forged Aadhaar cards under different names at three locations and had misappropriated a significant quantity of gold, amounting to 776 grams. The prosecution alleged that Mr. Bagh had handed over the misappropriated gold to accused No. 2, who then sold it to accused No. 4. They contended that if released on bail, there was a possibility of Mr. Bagh tampering with evidence and that he was part of an interstate criminal syndicate, thus praying for the rejection of his bail application.

His Honour the Additional Sessions Judge, Shri A.A. Kulkarni (C.R. No. 24), after hearing the arguments and perusing the charge sheet, noted that the primary allegations of misappropriation of a large quantity of gold were against accused No. 1. While there were allegations that accused No. 1 had given some of this gold to Mr. Bagh, the house search of the applicant only resulted in the seizure of 8.900 grams of gold along with other property.

Upon further examination of the charge sheet, the court observed that only 6.890 grams of gold were seized at the instance of Mr. Bagh. Regarding the offense under Section 408 of the IPC, the court pointed out that the prosecution needed to establish prima facie that the accused was a clerk or servant of the informant, that property was entrusted to him, and that he converted it for his own use. In the present case, the court found that apart from the informant’s statement, there was no evidence on record to suggest that Mr. Bagh was an employee of the informant, thus indicating that a prima facie case under Section 408 was not made out.

The court also considered the prosecution’s case that accused Nos. 1 to 3, including Mr. Bagh, in furtherance of their common intention, sold the property to accused No. 4. However, considering the limited recovery from Mr. Bagh, the court opined that this would be a matter for trial. Given the allegations, the prima facie evidence against the applicant, the completion of the investigation, and the filing of the charge sheet, the court found no need for the further indefinite custody of Mr. Bagh until the conclusion of the trial. To ensure his presence during the trial, the court deemed it appropriate to impose certain conditions.

Consequently, the court passed the following order:

ORDER

1. Criminal Bail Application No. 1962 of 2022 is allowed.
2. Applicant/accused Mr. Subojit Bijaykumar Bagh shall be released on bail upon furnishing a Personal Recognizance (P.R.) Bond of ₹25,000/- (Rupees Twenty-Five Thousand Only) along with one or two sureties of a like amount or a cash security of ₹25,000/- in connection with C.R. No. 42/2022 registered with DCB CID Unit-6.
3. Applicant/accused shall attend DCB CID Unit-6 upon receiving notice from the Investigating Officer.
4. Applicant/accused shall furnish his residential address proof and contact numbers to the Investigating Officer.
5. 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.
6. Applicant/accused shall not leave India without the previous permission of the Court.
7. Bail shall be furnished before the Learned Court below.
8. Criminal Bail Application No. 1962 of 2022 stands disposed of accordingly.

The order was dictated and signed by Additional Sessions Judge Shri A.A. Kulkarni on August 30, 2022.

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