B.A.1000/2024
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MHCC020062252024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.1000 of 2024
IN
C.R.NO.478 OF 2023
Aniket Anant More,
Age : 33 years, Occ : Service,
Residing at Ghar No.58, At
Uchat Tal. Wada, Dist. Thane
…Applicant
Vs.
The State of Maharashtra
(Through Mulund Police
Station)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 02nd May 2024
Shri Sameer P. Nangare, learned advocate for applicants.
Ms. Ratnavali Patil, learned APP for State/Respondent.

ORDER
01.

The applicant Aniket Anant More has filed this application
under Section 439 of the Code of Criminal Procedure for granting bail
in connection with Crime No.478/2023 registered in Mulund Police
Station, Mumbai for the offence under Section 408, 420 of the Indian
Penal Code r/w. Section 66(d) of Information and Technology Act,
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2000, on the allegations that the applicant being an employee of
informant was entrusted with the work of cashier, but with the help of
defect in software the applicant used gift vouchers to different agents
and committed misappropriation of Rs.3,14,91,632/-.
02.

The investigating officer through learned APP filed reply
(Exh.02) and strongly opposed the application. It is contended that in
the course of investigation it is transpired that the applicant used gift
vouchers belonging to the informant and also purchased 66 articles
from Croma showroom for his own use. It is also transpired that the
applicant transferred certain amount through UPI ID to different
persons. The applicant has also purchased Room no.410 and 411 at
Gaodevi in consideration of Rs.38,00,000/-. In the course of police
custody the applicant did not co-operate, the offence is serious and
misappropriated
amount
yet
not
recovered.

According
to
the
investigating officer, in such circumstances, if the applicant released on
bail, there is possibility of hampering further investigation, pressurizing
the prosecution witnesses and destroying the evidence. Hence, the
investigating officer prayed to reject the application.
03.

Heard Shri Sameer P. Nangare, 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. The name and role of applicant is
specifically mentioned in the First Information Report. It is alleged that
the applicant was employed as cashier in Infinity Retail Ltd., (Croma
Store). It is further alleged that the applicant utilized gift vouchers of
Rs.3,14,91,632/- and misappropriated the same. The said fact came to
the knowledge of the informant after verifying the CCTV footage and
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system details of the gift vouchers. The investigating officer opposed the
application mainly on the ground that the offence is serious and the
accused has not co-operated in the course of investigation. The record
clearly shows that after registration of First Information Report, the
investigating officer arrested the applicant on 12/10/2023. The
applicant was remanded to police custody till 20/10/2023 and
thereafter taken into judicial custody. The applicant is in jail from last
more than six months. The investigating officer has sufficient time to
recover misappropriated amount and conduct detail investigation. The
investigation is already completed and charge-sheet is filed. It is not
disputed that huge amount of Rs.3,14,91,632/- is involved in the
present crime. However, the offences under Section 408 and 420 of the
Indian Penal Code are punishable with imprisonment for seven years
and fine. The investigating officer has already submitted charge-sheet to
the Court. Therefore, the presence of the applicant is not necessary for
any purpose. Nothing is placed on record regarding past criminal
antecedents. The applicant is local resident and ready to furnish surety
as per order of the Court. In such circumstances, it will not proper to
keep the applicant behind the bar for indefinite period. 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.1000 of 2024 is allowed.

2.

The applicant Aniket Anant More be released on bail in Crime
no.478/2023 registered in Mulund Police station for the offence
under Section 408 and 420 of the Indian Penal Code and under
Section 66(d) of Information and Technology Act, 2000 on his
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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 Mulund 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.

7.

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.1000 of 2024 stands disposed
of.

Digitally signed
by VIRBHADRA
VIRBHADRA MAHADAPPA
MAHADAPPA SUNDALE
Date:
SUNDALE
2024.05.03
17:44:53 +0530
02/05/2024
Dictated on
: 02/05/2024
Transcribed on : 02/05/2024
Signed on
: 02/05/2024
(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.”
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Upload Time
03/05/2024
5.00 p.m.

Name of Stenographer
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Date
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Pronouncement
JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27)
of
02/05/2024
JUDGEMENT /ORDER signed by P.O.
on
02/05/2024
JUDGEMENT /ORDER uploaded on
03/05/2024