B.A. 825-2024
MHCC020155652024
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Dt.16.10.2024
BEFORE THE DESIGNATED COURT UNDER M. P. I. D. ACT
CITY CIVIL & SESSIONS COURT, Gr. BOMBAY.
BAIL APPLICATION NO. 825 OF 2024
IN
REMAND APPLN NO. 1158 OF 2024
IN
C.R.NO.76 OF 2024
Mr. Kiran Surendra Sinha
(In Judicial Custody)
Indian Inhabitant, 52 years,
Permanent Resident of : 48,
Ram Mahal Building, Senapati
Bapat Marg, Mahim West, Mumbai – 16.

Applicant/
Accused No.2
Versus
The State of Maharashtra
Through DCB CID Police Station
Unit -XII, Mumbai
…Respondents
Coram : HHJ SHRI N.G. SHUKLA,
(Court No. 20)
Date
: 16.10.2024
Appearance:
Ld. Adv. Mr. Manish Kanojia for Applicant/accused.
Ld. APP. Mrs. Chaitrali Panshikar for the Respondent/State-EOW.
ORDER
(Dictated and pronounced in open court)
01.

By way of this application, applicant who is arrested in Crime No.

76/2024 of 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 IT Act r/w
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Section 3 of MPID Act is seeking bail under Section 439 of the Code of
Criminal Procedure, 1973 (here in after referred as “Cr.P.C.” ).
02.

Prosecution filed reply (Exh.2) and opposed the application.

03.

Case of the prosecution in brief is that, applicant was working as
Accountant in Dhan Suvidha Finance Company. Proprietor, Manager
and other employees including the applicant lured the investors to
deposit Rs.2,950/- online with the company and they would sanction
loan to the said investors. In fact, no such loan were sanction to any of
the investors. It is alleged that applicant was taking 15% of money of
the investors.
04.

Ld. Advocate for the applicant submitted that, applicant
was employee working as an accountant in Dhan Suvidha Finance. He
had no dishonest intention and working on the instructions of accused
No.1 who is the main culprit and proprietor of the Dhan Suvidha
Finance. Police have got sufficient custody of the applicant for
interrogation. Further detention of the applicant is not required. Mobile
phone of the applicant and computers and laptops in the office of
company have been seized. Entire data is in the said devices and there
is no chance of tampering the same by the applicant. Applicant is ready
to co-operate investigation agency. Hence, Ld. Advocate prayed to grant
bail to the applicant.
05.

The Ld. APP submitted that, applicant was working as an
Accountant. He had important role as Managing the financial affairs of the
Company. If he released on bail applicant may tamper the evidence and or
abscond. Hence, Ld. APP prayed to reject the application.

B.A. 825-2024
06.

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I have considered submissions and perused the say. At the
outset it may be noted that, police have not given any specific reason
mentioning the role of applicant for rejection of bail application. All the
reasons given in the application are replica the say filed in bail application of
other employees who were arrested in this crime. It shows casual approach of
investigation officer in contesting the bail application.
07.

It appears from the reply of police and FIR that the applicant
was Accountant in the Company. Though he was looking the financial affairs
of the company but it is obvious that he was working on the instructions of
accused No.1- proprietor of Dhan Suvidha Finance. Say of police does not
discloses that what revail in the interrogation of applicant about the amount
if any, received from the money of investors to the applicant. Apart from this,
police can obtain statement of bank account of applicant to ascertain money
if any, received to the applicant out of the investors amount. All the electronic
devices including mobile phone of applicant has been seized by police. Thus,
there is no question of tampering of the data in the said devices. Condition
can be imposed on the applicant to provide password of email account used
by him and of any device used by him and not to change the password. So
also condition can be imposed on the applicant for securing his presence for
his trial. Other accused who were employees in the Company are released
on bail. Thus, on the ground of parity also, applicant is entitled for bail. In the
result, I pass following orderORDER
1.

Bail Application No. 825 of 2024 is allowed.

2.

Applicant/accused namely Kiran Surendra Sinha be released on
bail on executing personal bond of Rs. 30,000/- (Rs. Thirty Thousand
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Only) 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.

Applicant/accused shall attend office of DCB CID unit on
19.10.2024, 21.10.2024 and 23.10.2024 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.

Applicant/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.

Applicant/accused shall not leave India without prior permission
of the court.
6.

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

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

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

Applicant/accused is 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.

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Dt.16.10.2024
The Bail Application 825 of 2024 stands disposed of accordingly.
Digitally signed by
NITIN GANGADHAR
SHUKLA
Date: 2024.11.25
16:09:31 +0530
Dt. 16.10.2024
Dictated on
Transcribed on
Submitted on
Signed on
:
:
:
:
16.10.2024
16.10.2024
16.10.2024
16.10.2024
( N.G. SHUKLA )
Designated Judge
(MPID Court), C.R.NO. 20
City Civil & Sessions Court,
Gr. Bombay.

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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
16.10.2024
Mrs. H.D. Jagtap
Name of the Judge
HHJ Shri N.G. SHUKLA
Date of Pronouncement of
judgment/order
16.10.2024
Judgment/order signed by P.O. 16.10.2024
Judgment/order uploaded on
25.11.2024