MHCC020036892022
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Duration
: 22-03-2022
: 23-03-2022
: 30-03-2022
: 0 Years, 0 Months, 8 Days
IN THE COURT OF SESSIONS AT GREATER BOMBAY
BAIL APPLICATION NO. 637 OF 2022
IN
C.R. NO. 627 OF 2021
Abhishek Madan Pal,
Aged : 24 years, an Indian Inhabitant of
Thane and Occ – Service and residing at
G245, F. No B. Saroop Nagar,
Ubas Pur, North West, Delhi,
Delhi No. 110042.
…Applicant
V/s.
The State of Maharashtra
(At the instance of N.M. Joshi Marg
Police Station Mumbai,
vide C.R. No 627/2021)
… Nonapplicant
Appearance :
Mr. A.N. Das, Ld. advocate for applicant/accused.
Ms. Ashwini Rayakar, Ld. APP for respondent/State.
CORAM :
DATE
:
H.H.J. SHRI R.J. KATARIYA
(C.R.NO.56).
30th MARCH, 2022.
ORDER BELOW EXHIBIT 1.
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BA 637/2022
Heard Ld. Advocate Mr. A.N. Das for the applicant, Ld. APP
Ms. Ashwini Rayakar for the State.
2.
Present Application is filed by the applicant for grant
of bail in Crime No.627/2021 registered with N.M. Joshi Marg Police
Station, for the offence punishable under Section 419, 420 r/w 34 of
IPC, sections 66(C) and 66(D) of Information Technology Act, 2000.
3.
It is the case of prosecution that the informant Vinod
Prabhakar Panchal received call on his mobile phone from one lady by
name Priya. She stated to him that she is speaking from SBI credit card
branch. She gave some information about canceling insurance of the
credit card to the informant. The informant intended to cancel the
insurance of his credit card. The caller lady obtained CVV number and
OTP from the informant under pretext of canceling the insurance and in
all Rs.1,20,087.54/ came to be debited from his credit card in 3
different transactions. Accordingly, he lodged report and crime came to
be registered against the unknown person. During investigation present
applicant came to be arrested in the crime.
4.
The Learned advocate for applicant submitted that
applicant is falsely implicated in crime. The applicant came to be
arrested on 20.02.2022, since then he is behind bar. His bank account is
frozen by the Investigating Officer. No purpose would serve keeping
him behind bar. Applicants are innocent. He has no concern with the
alleged offence. He is ready to abide conditions imposed and prayed for
grant of bail.
5.
Per contra, vide Say (Exh.2), Ld. APP opposed the
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BA 637/2022
application. It is submitted that the applicant has involvement in the
commission of crime. He is arrested from Delhi. The amount debited
from the account of informant is credited to the bank account of the
applicant. The investigation is at initial stage. The custody of applicant
is obtained from Delhi police. Applicant has criminal antecedents. The
presence of the applicant would not be easily secured if he is released
on bail. Hence, prayed for rejection of the application.
6.
Perusal of FIR, it is alleged that informant received phone
call of lady by name Priya introducing herself speaking from credit card
department of the bank. She obtained CVV and OTP numbers from the
informant under pretext to cancel the insurance of credit card of the
informant. The amounts were debited from credit card of informant.
The offence is serious in nature. During investigation involvement of
present applicant is found by the investigating agency. Investigation is
yet in progress. Considering the seriousness of offence and involvement
of the applicant, he is not entitled to be released on bail. Hence, I
proceed to pass following order :
ORDER
Bail Application No.637 of 2022 is rejected and disposed off.
RAJESH
JAGURAM
KATARIYA
Date : 30.03.2022.
Typed on
Checked on
Signed on
: 30.03.2022
: 30.03.2022
: 30.03.2022
Digitally signed by
RAJESH JAGURAM
KATARIYA
Date: 2022.03.30
17:07:52 +0530
( R.J. Katariya )
Addl. Sessions Judge(C.R. No. 56)
City Civil & Sessions Court,
Gr. Bombay.
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BA 637/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
UPLOAD DATE
TIME
30.03.2022
NAME OF STENOGRAPHER
Umesh Jadhav (Typist)
Name of the Judge
HHJ Shri R.J.KATARIYA
(CR No.56)
Date of Pronouncement of Judgment/Order.
30.03.2022
Judgment/order signed by P.O on
30.03.2022
Judgment/order uploaded on
30.03.2022