BA 794 OF 2024
1
Dt. 08.10.2024
MHCC020151342024
BEFORE THE DESIGNATED COURT UNDER M. P. I. D. ACT
CITY CIVIL & SESSIONS COURT, Gr. BOMBAY.
CRIMINAL BAIL APPLICATION NO. 794 OF 2024
1. KIRAN SURENDRA SINHA
( In Judicial Custody )
Indian Inhabitant, 52 years,
Applicant/Accused
Permanent Resident of : 48, Ram Mahal No. 2
Bldg., Senapati Bapat Marg, Mahim
West, Mumbai 400016
2. ANKIT SUBEDAR YADAV
( In Judicial Custody )
Indian Inhabitant, 21 years,
Permanent Resident of : Viva Complex
Vasai Phata, Waliv, Vasai,
Dist- Palghar 401208
3. SATYAJIT DEVIDAS WAGHMARE
( In Judicial Custody )
Indian Inhabitant, 20 years,
Permanent Resident of : Shivchayya
Welfare Soc., Ambedkar Azad Nagar
Kurar Village, Malad East
Mumbai 400097
4. PRASAD DATTATRAY LANDGE
( In Judicial Custody )
Indian Inhabitant, 19 years,
Permanent Resident of : Room No.3
Alla Baksha Chawl, Ambewadi,
Aliyawar Jang Marg, Kurar Village,
Malad East, Mumbai 400097
Applicant/Accused
No. 4
Applicant/Accused
No. 6
Applicant/Accused
No.7
BA 794 OF 2024
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5. SUNIL VINOD KUMAR JAISAWAR
( In Judicial Custody )
Indian Inhabitant, 21 years,
Permanent Resident of : Aarey Colony
No. 30, Goregaon East, Mumbai 400097
Dt. 08.10.2024
Applicant/Accused
No.8
6. PRASHANT RAMESH AYVALE
( In Judicial Custody )
Indian Inhabitant, 24 years,
Permanent Resident of : Ambedkar Nagar
Jijamata Chawl Committee, Kurar
Applicant/Accused
Village,
No.11
Malad East 400097
7. SHREYAS MAHESH DAVANDE
( In Judicial Custody )
Indian Inhabitant, 19 years,
Permanent Resident of : Room No.19
Ramchandra Jadhav Chawl, Tulinj,
Nallasopara East 401209
8. VIKRAM RAMAR PADAYACHI
( In Judicial Custody )
Indian Inhabitant, 22 years,
Permanent Resident of : T-32, Unit
No.30
Aarey Milk Colony, Morcha Pada
Goregaon East, Mumbai 400065
9. DEEPIKA VIPINKUMAR SINGH
( In Judicial Custody )
Indian Inhabitant, 34 years,
Permanent Resident of : Flat No.201
Prathamesh Krupa, Patenkar Road
Umrale , 401203
10. ANJU SUNDERRAJ
( In Judicial Custody )
Indian Inhabitant, 24 years,
Permanent Resident of : Near Aarey
Dairy, Unit No.7, Aarey Milk Colony
Goregaon East, Mumbai 400065
Applicant/Accused
No.14
Applicant/Accused
No.16
Applicant/Accused
No.20
Applicant/Accused
No.21
BA 794 OF 2024
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11. KALPANA SUDALAI KUMAR
( In Judicial Custody )
Indian Inhabitant, 30 years,
Permanent Resident of : Near Aarey
Dairy, Unit No.7, Aarey Milk Colony
Goregaon East, Mumbai 400065
Dt. 08.10.2024
Applicant/Accused
No.24
Versus
The State of Maharashtra
(Through DCB CID Police Station
through Ld. Public Prosecutor
sessions Court, Mumbai )
Respondents
Coram : HHJ SHRI N.G. SHUKLA,
(Court No. 20)
Date
: 08.10.2024
Appearance:
Ld. Adv. Manish Kanojiya for Applicants/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
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, have filed
this application for bail under section 483 of Bhartiya Nagrik Surakha
Sanhita ( hereinafter referred as “BNSS”).

BA 794 OF 2024
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Dt. 08.10.2024
02.

EOW filed reply at Exhibit 2 and opposed application.

03.

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

Case of prosecution in nut shell is that, applicants are employees
of Dhansuvidha Finance-Financial Establishment (hereinafter referred
as “F.E.”). Applicant No.1 is accountant. Applicant Nos 2 to 11 lured and
induced informant and other investors to deposit Rs.1475/- each online
in the bank account of F.E. on assurance to disburse loan. Informant
initially deposited Rs. 1475/- and again Rs. 1475/- after 15 to 20 days
in the bank account of F.E. 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, applicant No.1 is
accountant and applicants Nos 2 to 11 are telicaller, working on
commission basis in F.E. Applicant Nos 1 to 11 have no role in luring
and inducing the investors. Being employees and working on
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.

BA 794 OF 2024
06.

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Dt. 08.10.2024
Ld. APP instructed by investigating officer submitted that,
applicant No.1 is taken in PCR today and not entitled for bail. Applicant
Nos 2 to 11 are employees as telicaller in the office of F.E. Applicants
Nos. 2 to 11 made phone calls to the informant and other investors and
insisted to invest money in F.E. Thus, involvement of the applicants is
prima facie revealed in the crime. If bail granted, applicants 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.

As applicant No. 1 Kiran is sent in Police Custody today, hence he
is not entitled for bail.
08.

I have considered submissions and perused record. 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 no. 2 to 11 would have made phone calls to the investors,
they have no any personal dishonest intention to lure and induce
investors for depositing their money. Applicants had made phone calls
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.
09.

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
BA 794 OF 2024
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Dt. 08.10.2024
password to secure data into mobile and computer. I find this fit case to
grant bail as applicants are employees of F.E. working under direction
of proprietor and manager of F.E. Hence, further detention of applicants
is not required. Applicants are entitled for bail on conditions. Hence, I
pass following order ORDER
1.

Bail Application No. 794 of 2024 is Partly allowed.

2.

Applicants nos. 2 – Ankit Subedar Yadav, 3 – Satyajit Devidas
Waghmare, 4 – Prasad Dattatray Landge, 5 – Sunil
Vinod Kumar
Jaisawar, 6 – Prashant Ramesh Ayvale, 7 – Shreyas Mahesh Davande, 8 Vikram Ramar Padayachi, 9 – Deepika Vipinkumar Singh, 10 – Anju
Sunderraj
and 11 – Kalpana Sudalai Kumar be released on bail on
executing personal bond of Rs. 30,000/- (Rs. Thirty Thousand Only)
each with one solvent 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
11.10.204, 14.10.2024 and 16.10.2024 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.
5.

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

BA 794 OF 2024
6.

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Dt. 08.10.2024
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/- each in lieu of surety for the period of four weeks.
10.

Application to the extent of applicant no.1 Kiran Surendra Sinha
is rejected.
11.

The Bail Application 794 of 2024 stands disposed of accordingly.
Digitally signed by NITIN
GANGADHAR SHUKLA
Date: 2024.11.11
16:24:11 +0530
( N.G. SHUKLA )
Designated Judge under MPID Act,
C.R.NO.20
City Civil & Sessions Court,
Gr. Bombay.

Dt. 08.10.2024
Dictated on
Transcribed on
:
:
Submitted on
Signed on
:
:
08.10.2024
06.11.10.2024
(papers were at department and not yet
received till 24.10.2024 Diwali Holidays from
25.10.2024 to 03.11.2024)
06.11.2024
11.11.2024 (7th & 8th Steno was on leave and
no substitute was provided. 9th & 10th
Holidays )
BA 794 OF 2024
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Dt. 08.10.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
08.10.2024
Mrs. R. R. Hate
Name of the Judge
HHJ Shri N.G. SHUKLA
Date of Pronouncement of
judgment/order
08.10.2024
Judgment and order signed by 11.11.2024
P.O.
Judgment/order uploaded on
11.11.2024
(papers were at department
and not yet received
till
24.10.2024considering Diwali
Holidays from 25.10.2024 to
03.11.2024)