Bhargav Kishorbhai Borad and Anr Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 1007 of 2024

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B.A. No.1007/24
MHCC020062762024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
BAIL APPLICATION No.1007 OF 2024
1] Mr. Bhargav s/o. Kishorbhai Borad
Age : 22 years, Occ. : Job,
Residing at 85, Shiv Vatika Society,
Near Juhika Residency, Kamrej Surat,
Gujrat – 394 180
2] Mr. Arvind s/o. Amrutbhai Chotliya
Age 25 years, Occ : Job,
Residing at A-605, Suman Mandir,
VIP Circle, Utran, Gujrat – 394 105.
The State of Maharashtra
(Through South Cyber police
station vide Cr. No.17/2024)
… Applicants
– Versus … Respondent
Appearance :Mr. Shailesh S. Kharat, Advocate for the applicants.
Mr. Iqbal Solakar, A.P.P. for respondent.
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 26/04/2024.
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
Cr.No.17/2024 registered with South Cyber Police Station, Mumbai for
the commission of offences punishable u/sec.419, 420, 465, 468, 471,
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B.A. No.1007/24
120-B of the Indian Penal Code and Section 66 (c), 66 (d) of
Information And Technology Act.
2]
It is the contention of the applicants/accused that they are
innocents and falsely implicated in the present case. They are arrested
on 30.03.2024. They have undergone custodial interrogation. Nothing
is to be seized or recovered from the possession of the accused.
Therefore, there is no point in keeping accused behind bars. They are
permanent residents of their given address therefore prayed for
releasing them on bail.
3]
The prosecution opposed the application by filing reply
vide Exh.2. If accused are released on bail it will affect on the collection
of evidence. The investigation is not completed therefore if accused are
released on bail there are chances of flee from justice. If accused are
released on bail there are chances of threatening of prosecution
witnesses and tampering prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4]
Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicants and ld. APP for the State.
5]
I have gone through the application, reply, documents filed
on record. It is the case of the prosecution that informant Anil Makhija
lodged report that the unknown accused created forged link of
bookmyshow and obtained online ticket bookings of IPL 2024 cricket
matches and thereby cheated the informant’s company and general
public.

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6]
B.A. No.1007/24
From the facts on record it is revealed that the applicants
were involved in the offence of creating forged Website and cheating
the general public, including the informant. It is revealed that the
applicants have facilitated the commission of offence. The role
attributed to the applicant No.1 Bhargav is that he provided the bank
account with mobile number to use the same in the offence. The role
attributed to the applicant No.2 Arvind is that he was assigned with the
work to withdraw the amount collected in the fraud, from the bank
account. Both the accused are arrested recently on 31/3/2024. There is
evidence of C.C.T.V. footage. The investigation is at primary stage.
Release of accused on bail will hamper the investigation. Hence the
accused are not entitled for the bail. In the result, I pass the following
order :-
ORDER
Bail Application No.1007 Of 2024 is rejected.

Date : 26.04.2024.

Direct Dictated on
Signed by HHJ on
: 26.04.2024
: 29.04.2024
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.

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B.A. No.1007/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
30/04/2024
3.08 p.m.

UPLOAD DATE
TIME
Kulkarni
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. Sasne
Court Room No. 30.
Date of Pronouncement of ORDER 26/04/2024
ORDER signed by P.O. on
29/04/2024
ORDER uploaded on
30/04/2024