BA 802 OF 2024
1
Dt. 11.10.2024
MHCC020152662024
BEFORE THE DESIGNATED COURT UNDER M. P. I. D. ACT
CITY CIVIL & SESSIONS COURT, Gr. BOMBAY.
CRIMINAL BAIL APPLICATION NO. 802 OF 2024
1. GANESH RAJU MOHITE
Aged about 18 years,
Residing at Unit no 32, Ekata Nagar,
Aarey Road, Near Chhota Kashmir,
Goregaon East, Mumbai 4000 65
2. Umesh Babu Vagh
Aged about 21 years,
Residing at Unit no 31, Ekata Nagar,
Aarey Road, Near Chhota Kashmir,
Goregaon East, Mumbai 4000 65
Applicants/Accused
Versus
The State of Maharashtra
(At the instance of Through DCB
CID Unit Economic Offences Wing)
Respondent
Coram : HHJ SHRI N.G. SHUKLA,
(Court No. 20)
Date
: 11.10.2024
Appearance:
Ld. Adv. Abhishekh Mishra for Applicant/Accused.
Ld. APP. Ms. Chaitrali Panshikar for the Respondent/State.
ORDER
(Dictated and pronounced in open court)
01.

Applicants/accused who are arrested in Crime No. 76 of 2024
registered at DCB CID Unit XII (Crime No. 144 of 2024 initially
BA 802OF 2024
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Dt. 11.10.2024
registered at Arey Sub Police Station) for the offences punishable under
Sections 316(2), 318(4) and 3(5) of The Bhartiya Nyay Sanhita
(hereinafter referred as “BNS”) r/w Section 66(C) of Information of
Technology Act (hereinafter referred as “I.T. Act”) r/w Section 3 of
Maharashtra Protection of Interest of Depositors (in Financial
Establishments) Act, (hereinafter referred as “MPID”) Act, has filed this
application for bail under section 483 of Bhartiya Nagrik Surakha
Sanhita ( hereinafter referred as “BNSS”).
02.

EOW filed reply at Exhibit 2 and opposed application.

03.

I have heard Ld. advocate for the applicants and Ld.APP for the
State/EOW.
04.

Case of prosecution in nut shell is that, applicants are working as
telicaller. Applicants and other telicallers invited informant and other
investors to deposit Rs.1475/- each online in the bank account of
Financial Establishment on assurance to disburse loan. Informant
initially deposited Rs. 1475/- and again Rs. 1475/- after 15 to 20 days
in the bank account of Financial Establishment. Thereafter no loan was
disbursed to the informant, hence informant lodged report for the
offence against F.E. Other investors are also cheated by the F.E. In the
investigation, police seized mobile phones of all the accused, laptops
and four desktop computers in the raid conducted in the office of F.E.
Police arrested total 24 accused in this crime.
05.

Ld. Advocate for applicants submitted that, applicants are
telicaller, working on commission basis in F.E. Applicants have no role in
luring and inducing the investors. Being employee and working on
BA 802OF 2024
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Dt. 11.10.2024
commission basis, applicants were obeying orders of accused Nos 1 and
17. If the allegations in the FIR are taken as it is, neither the offence
under Sections 316 and 318 of The BNS nor under Section 3 of the
MPID Act would attract against the applicants. Detention of applicants
for remaining investigation is not required. Applicants are ready to cooperate with investigating agency. Hence Ld, advocate prayed to allow
the application.
06.

Ld. APP instructed by investigating officer submitted that,
applicants are employed as telicaller in the office of F.E. Applicant
smade phone calls to the informant and other investors and insisted to
invest money in F.E. Thus, involvement of the applicants are prima facie
revealed in the crime. If bail granted, applicant may change the
password of email accounts wherein dada of investors is stored and
thereby tamper the prosecution evidence. Hence Ld. APP prayed to
reject the application.
07.

I have considered submissions and perused record. It is not in
dispute that, applicants were working as telicaller on commission basis
or employee on pay role. Further it appears from FIR and the say of the
investigating officer that, accused No.1 is proprietor and accused No.17
is manager of. F.E. Applicants were working under direction of accused
No.1 and 17. Thus, even though applicants would have made phone
calls to the investors, applicant had no any personal dishonest intention
to lure and induce investors for depositing their money. Applicants were
acting on the direction and instructions of proprietor and director of the
F.E. Hence prima facie sections 316(2) and 318 of BNS as well as
Section 3 of the MPID Act would not attract against the applicants.

BA 802OF 2024
08.

4
Dt. 11.10.2024
As per the say of police, mobile phone of the applicants and
laptop and desktop computer in office of F.E. has been seized by the
police. Condition can be imposed on the applicants to attend offence of
DCB CID to provide password to investigating officer and not change
password to secure data into mobile and computer. I find this fit case to
grant bail as applicants are employee of F.E. working under direction of
proprietor and manager of F.E. Hence, further detention of applicant is
not required. Applicant is entitled for bail on conditions. Hence, I pass
following order ORDER
1.

Bail Application No. 802 of 2024 is allowed.

2.

Applicants/accused namely Ganesh Raju Mohite and Umesh Babu
Vagh be released on bail on executing personal bond of Rs. 30,000/(Rs. Thirty Thousand Only) each with one surety of the like amount in
Crime No. 76 of 2024 registered at DCB CID Unit XII (Crime No. 144 of
2024 initially registered at Arey Sub Police Station) for the offences
punishable under Sections 316(2), 318(4)and 3(5) of BNS r/w Section
66(C) of I.T. Act r/w Section 3 of MPID Act .
3.

Applicants/accused shall attend office of DCB CID unit on
14.10.204, 16.10.2024 and 18.10.2024 between 10.00 am to 1.00 pm
and thereafter as and when called by written notice by investigating
officer and co operate in investigation.
4.

Applicants/accused shall provide password of e-mail accounts
used in the office of their company to the investigating officer and do
not change password of said email accounts and not to tamper with
data in their seized mobile phones, laptops and computers in any
manner.

BA 802OF 2024
5.

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Dt. 11.10.2024
Applicants/accused shall not leave India without prior permission
of the court.
6.

Applicants/accused shall deposit their passports and file affidavit
if not having passport with the investigating officer within two weeks
after their release from jail.
7.

Applicants/accused shall submit proof of their residential address
and their contact mobile numbers as well as residential address and
contact mobile numbers of their two closed relatives to the investigating
officer within two weeks after their release from jail and update the
same time to time whenever it will be changed.
8.

Applicants/accused
shall
not
threaten
or
influence
any
prosecution witnesses and hamper further investigation.
9.

Applicants/accused are permitted to furnish cash security of
Rs.30,000/- in lieu of surety for the period of four weeks. Cash amount
of bail be accepted after treasury hours.
10.

The Bail Application 802 of 2024 stands disposed of accordingly.
Digitally signed by NITIN
GANGADHAR SHUKLA
Date: 2024.11.13
14:37:12 +0530
Dt. 11.10.2024
Dictated on
:
Transcribed on :
Submitted on
Signed on
:
:
( N.G. SHUKLA )
Designated Judge under MPID Act,
C.R.NO.20
City Civil & Sessions Court,
Gr. Bombay.

11.10.2024
11.11.2024 (papers were at department and not yet
received till 24.10.2024 .since 25th to 3rd Nov.
Diwali Holidays. Steno was on leave on 7th and 8th Nov. )
11.11.2024
12.11.2024
BA 802OF 2024
6
Dt. 11.10.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
11.10.2024
Mrs. R. R. Hate
Name of the Judge
HHJ Shri N.G. SHUKLA
Date of Pronouncement of
judgment/order
11.10.2024
Judgment and order signed by 13.11.2024
P.O.
Judgment/order uploaded on
13.11.2024
(papers were at department
and not yet
received
till
24.10.2024
considering
ensuing
Diwali Holidays typed
without matter( Bail
Application)