B.A.582/2024
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MHCC020037642024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.582 OF 2024
IN
C.R.NO.250 OF 2023
Dhiraj Govind Baria
Indian Inhabitant,
Room no.A/1/107,
Tulsiwadi Navnirman,
C.H.S. S.K.Rathod Marg,
Resource Tardeo,
Mumbai – 400 034
…Applicant
Vs.
The State of Maharashtra
(Navghar Police Station)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 07th March 2024
Shri Rajesh Khobragade, learned advocate for applicant.
Ms. Ratnavali Patil, learned APP for State/Respondent
ORDER
01.

The applicant Dhiraj Govind Baria has filed this application
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under Section 439 of the Code of Criminal Procedure for granting
regular bail in connection with Crime No.250/2023 registered in
Navghar Police Station, Mumbai for the offence under Section 420 of
the Indian Penal Code, on the allegations that the applicant cheated the
informant by extorting Rs.5,40,000/- from him by promising to get him
job by BMC, Mumbai.

02.

The investigating officer through learned APP filed reply
(Exh.02) and opposed the application. It is contended that the offence is
in respect of cheating and serious. In the course of primary investigation
it is transpired that the applicant has committed present offence. The
applicant extorted Rs.5,40,000/- from the informant by promising him
to get job in BMC, Mumbai. The applicant did not co-operate with the
investigation.

According
to
the
investigating
officer
in
such
circumstances, if the applicant released on bail there is possibility of
pressurizing prosecution witnesses, hampering further investigation and
fleeing away from justice. Hence, the investigating officer prayed to
reject the application.
03.

Heard Shri Rajesh Khobragade, learned advocate for
applicant and Ms. Ratnavali Patil, learned APP for the prosecution.
04.

I have carefully gone through record with reference to
submission of both the sides. It appears that after registration of an
offence the applicant was arrested on 10/02/2024 and produced before
the learned Metropolitan Magistrate. It is alleged that the applicant
cheated the informant and extorted Rs.5,40,000/- from him by
promising to get him job in BMC, Mumbai. However, in the course of
police custody, nothing could be recovered or discovered from the
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applicant. The investigation is almost completed and presence of the
applicant is not necessary for any purpose. The investigating officer
opposed the application mainly on the ground that if the applicant
released on bail there is possibility of pressurizing prosecution
witnesses, hampering further investigation and fleeing away from
justice. The applicant is local resident and nothing has been placed on
record about his past criminal antecedents of the applicant. The offence
under Section 420 of the Indian Penal Code is punishable with
imprisonment to the extend of seven years. There are no extra ordinary
circumstances to keep the applicant behind bar and complete remaining
part of investigation. The apprehension placed on record by the
investigating officer can be taken care of by imposing certain
conditions. In the facts and circumstances of the case, the applicant is
entitled to release on bail. Hence, the following order is passed.
ORDER
1.

Criminal Bail Application No.582 of 2024 is allowed.

2.

The applicant Dhiraj Govind Baria be released on bail in Crime
no.250/2023 registered in Navghar Police Station for the offences
under Section 420 of the Indian Penal Code on his executing
P.R.Bond of Rs.25,000/- (Rupees Twenty-Five Thousand) with
one or two sureties of the like amount.

3.

The applicant and his surety shall provide their respective mobile
numbers, e-mail address and documents pertaining to place of
residence.

4.

The applicant shall not directly or indirectly make any
inducement, threat or pressurize any person acquainted with the
facts of the present case so as to dissuade him from disclosing
such facts to the Court.

5.

The applicant shall not leave India without prior permission of
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the Court.
6.

Provisional cash bail in the like amount is allowed. The applicant
shall furnish surety within four weeks from the date of release
from jail, failing which the cash bail shall stand forfeited without
any separate order.

7.

Breach of any conditions by the applicant shall result in
cancellation of bail.

8.

Bail before learned Metropolitan Magistrate Court.

9.

Thus, Criminal Bail Application No.582 of 2024 stands disposed
of.

07/03/2024
Dictated on
: 07/03/2024
Transcribed on : 07/03/2024
Signed on
:07/03/2024
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
07/03/2024
5.15 p.m.

Name of Stenographer
Mrs. M.S. Putta
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27)
of
07/03/2024
JUDGEMENT /ORDER signed by P.O.
on
07/03/2024
JUDGEMENT /ORDER uploaded on
07/03/2024