B.A.1036/2024
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MHCC020065002024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.1036 of 2024
IN
C.R.NO.662 OF 2023
Nikesh Mohan Gajra
Age 35 years, Occ : Business,
Having his address and
presently at 503, Swastika
Revanta, near Tragad Garnala,
Ahmedabad, Tragad, Daskroi,
Ahmedabad, Gujarat-382 481
…Applicant
Vs.
The State of Maharashtra
(Through BKC Police Station)
…Respondent
Shri Viraj V. Kadam, learned advocate for applicants.
Ms. Ratnavali Patil, learned APP for State/Respondent.

ORDER
01.

The applicant Nikesh Mohan Gajra has filed this application
under Section 439 of the Code of Criminal Procedure for bail in
connection with Crime No.662/2023 registered in B.K.C. Police Station,
Mumbai for the offence under Section 409, 420, 465, 467, 471 r/w. 34
of the Indian Penal Code, on the allegations that the applicant and co-
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accused forged documents, used those forged documents as genuine,
get sanctioned loan from the finance company and cheated.
02.

The investigating officer through learned APP filed reply
(Exh.02) and opposed the application. It is contended that the offence is
serious and investigation is in progress. The co-accused are yet to be
arrested. In the course of investigation, it is transpired that the
applicant and co-accused availed loans from different banks, cooperative society and finance companies in the same manner. According
to the investigating officer, in such circumstances, if the applicant
released on bail, there is possibility of pressurizing the prosecution
witnesses and committing similar offence. Hence, the investigating
officer prayed to reject the application.
03.

Heard Shri Viraj V. Kadam, learned advocate for applicant
and Ms. Ratnavali Patil, learned APP for the prosecution.

04.

I have carefully gone through record with reference to
submission of both the sides. It appears that after registration of the
offence, the investigating officer arrested the applicant on 01.03.2024
and produced before the Magistrate. The applicant is in judicial custody
right from the date of his arrest till today. It is alleged that the applicant
and co-accused availed loan facility of Rs.2,38,00,000/- by submitting
forged documents. The investigating officer opposed the application
mainly on the ground that investigation is in progress. However, it
appears that in the course of investigation nothing could be recovered
from the applicant. The applicant and co-accused had taken loan from
the finance company belonging to the informant for buying flats. It
appears that the applicant failed to repay loan amount as agreed. The
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offences leveled against the applicant are not exclusively punishable
with death penalty. The presence of the applicant is not necessary for
any purpose. The applicant is ready to furnish bail as per order of the
Court and proceed with the matter. Nothing is placed on record
regarding past criminal antecedents. There are no extraordinary
circumstances to keep the applicant behind the bar and complete
remaining part of investigation. The apprehension placed on record by
the investigating officer can be taken care of by imposing certain stern
conditions. In the facts and circumstances of case, the applicant is
entitled to be released on bail. Hence, the following order is passed.
ORDER
1.

Criminal Bail Application No.1036 of 2024 is allowed.

2.

The applicant Nikesh Mohan Gajra be released on bail in Crime
no.662/2023 registered in BKC Police station for the offence
under Section 409, 420, 465, 467, 471 r/w. 34 of the Indian Penal
Code on his executing P.R.Bond of Rs.1,00,000/-(Rupees One Lac)
with one or two sureties of the like amount.

3.

The applicant and his surety shall provide their respective mobile
numbers, e-mail address and documents pertaining to place of
residence.

4.

The applicant is directed to attend the BKC police station once in
a week i.e. on every Monday between 11.00 a.m. to 1.00 p.m. till
filing of charge-sheet.

5.

The applicant shall not directly or indirectly make any
inducement, threat or pressurize any person acquainted with the
facts of the present case so as to dissuade him from disclosing
such facts to the Court.

6.

The applicant shall not leave India without prior permission of
the Court.

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7.

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Provisional cash bail in the like amount is allowed. The applicant
shall furnish surety within four weeks from the date of release
from jail, failing which the cash bail shall stand forfeited
without any separate order.

8.

Bail before concern Metropolitan Magistrate Court.

9.

Breach of any conditions by the applicant
shall result in
cancellation of bail.
10.

Thus, Criminal Bail Application No.1036 of 2024 stands disposed
of.

24/04/2024
Digitally signed
by VIRBHADRA
VIRBHADRA MAHADAPPA
MAHADAPPA SUNDALE
Date:
SUNDALE
2024.04.26
15:16:45 +0530
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
26/04/2024
3.15 p.m.

Name of Stenographer
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Name of the Judge (With C.R. No.)
Date
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Pronouncement
JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27)
of
24/04/2024
JUDGEMENT /ORDER signed by P.O.
on
26/04/2024
JUDGEMENT /ORDER uploaded on
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