MUMBAI, April 5, 2024 — The Court of Additional Sessions Judge, Greater Mumbai, has granted regular bail to Bhaurao Uttam Ingle, one of the accused in a serious case of cheating, impersonation, and dacoity, where the fraudsters allegedly posed as Income Tax Officers to steal Rs. 18 lakhs. The court allowed the bail application primarily due to glaring discrepancies in the prosecution’s arrest and recovery records, which cast doubt on the case at this preliminary stage.

Additional Sessions Judge Dr. A. A. Joglekar (C.R. No.37) passed the oral order on April 5, 2024, releasing Ingle on a Personal Recognizance (P. R.) bond of Rs. 30,000/− with one or two sureties of the like amount.

The Fake I-T Raid Incident

The case relates to C.R. No. 310 of 2023 registered at Sion Police Station, where the accused faces multiple charges, including 420 (Cheating), 468 (Forgery for purpose of cheating), 471 (Using as genuine a forged document), 452 (House-trespass after preparation for hurt, assault or wrongful restraint), 170 (Personating a public servant), 342 (Wrongful confinement), and 120-B (Criminal conspiracy) of the Indian Penal Code.

The prosecution’s case is that on November 26, 2023, at about 11:40 a.m., five unknown persons, including the accused, came to the informant’s house. They allegedly showed fake ID cards, pretending to be Income Tax Officers. After entering the house, they closed the doors, confiscated the family members’ mobile phones, demanded cupboard keys, and ultimately took Rs. 18 lakhs kept inside the cupboard before fleeing in an Innova car.

Discrepancies “Lay Case of Prosecution Under Speculation”

The defense counsel, Mr. Vijay Ram Sahetia, argued that Ingle was falsely implicated, had cooperated with the investigation, and that no recovery was effected at his instance. The defense pointed out “severe discrepancies” in the prosecution’s case:

• Contradictory Arrest Timings: The Panchnama for personal search was recorded as commencing at 11:30 p.m. and concluding at 12:35 a.m. (on the intervening night of December 5 and 6, 2023), but the accused was shown to have been arrested prior to this and was produced before the Magistrate with articles claimed to have been seized from him.
• Typographical Error Claim Rejected: The Sessions Judge raised a specific query with the Investigating Officer regarding the anomaly of the search being conducted after the accused’s stated arrest and presentation to the Magistrate. The IO claimed it was a “typographical error,” but the court found there was no congruent record to support the timing of the personal search and recovery.
• CCTV Discrepancy: Discrepancy was also alleged in the CCTV footage timings versus the actual incident time.

The court observed that the noted discrepancies “naturally lay the case of prosecution under speculation.” While the court acknowledged the accused’s own disclosure statement about receiving a share of Rs. 2.5 lakhs, it deemed the procedural inconsistencies to be more critical at the bail stage.

Stringent Conditions Imposed

Given that the investigation is substantially concluded and the charge-sheet has been filed, the court reasoned that the prosecution’s apprehension regarding absconding or tampering with evidence could be addressed through stringent conditions.

Bhaurao Uttam Ingle’s bail is subject to the following major conditions:

• Mandatory Police Reporting: The accused shall attend the Sion Police Station on every Tuesday and Friday between 11:00 a.m. and 4:00 p.m. until further order.
• No Tampering or Threat: He is prohibited from making any inducement, threat, or promise to witnesses and shall not tamper with the prosecution evidence in any manner.
• Travel Restrictions: The accused shall surrender his passport (or furnish an affidavit if he doesn’t have one) and shall not leave India without the Court’s permission.

The court explicitly warned that any breach of these conditions will result in the cancellation of bail forthwith.