BA 790 OF 2024
1
Dt. 08.10.2024
MHCC020150892024
BEFORE THE DESIGNATED COURT UNDER M. P. I. D. ACT
CITY CIVIL & SESSIONS COURT, Gr. BOMBAY.
CRIMINAL BAIL APPLICATION NO. 790 OF 2024
1. Anirudha Tayaba Sanas
Age 24 years, Occ: Job
Residing at :- Mu. Ambedarawadi Po.asare
Tal.Wai, Ambedara Satara,
Maharashtra- 412803
2. Vikram Rajendra Kumbhar
Age: 45 years, Occ: Job
Residing at :- 2/9 Shiv Sagar Chawl
Committee No.2. Opp Times of India Press,
Tanaji Nagar, Kurrar Village, Vtc
Applicants/Accused
Malad East, Mumbai 400 097
Versus
1. The State of Maharashtra
2. DCB CID/EOW
(At the instance of Aarey sub-police
station)
Respondent
Coram : HHJ SHRI N.G. SHUKLA,
(Court No. 20)
Date
: 08.10.2024
Appearance:
Ld. Adv. Satyadev Joshi for Applicants/Accused.
Ld. APP. Ms. Chaitrali Panshikar for the Respondent/State.
ORDER
(Dictated and pronounced in open court)
01.

Applicanta/accused who are arrested in Crime No. 76 of 2024
registered at DCB CID Unit XII (Crime No. 144 of 2024 initially
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registered at Arey Sub Police Station) for the offences punishable under
Sections 316(2), 318(4) and 3(5) of The Bhartiya Nyay Sanhita
(hereinafter referred as “BNS”) r/w Section 66(C) of Information of
Technology Act (hereinafter referred as “I.T. Act”) r/w Section 3 of
Maharashtra Protection of Interest of Depositors (in Financial
Establishments) Act, (hereinafter referred as “MPID”) Act, has filed this
application for bail under section 483 of Bhartiya Nagrik Surakha
Sanhita ( hereinafter referred as “BNSS”).
02.

EOW filed reply at Exhibit 2 and opposed application.

03.

I have heard Ld. advocate for the applicants and Ld.APP for the
State/EOW.
04.

Case of prosecution in nut shell is that, applicants were working
as call executives. Applicants and other telicallers invited informant and
other investors to deposit Rs.1475/- each online in the bank account of
Financial Establishment on assurance to disburse loan. Informant
initially deposited Rs. 1475/- and again Rs. 1475/- after 15 to 20 days
in the bank account of Financial Establishment. Thereafter no loan was
disbursed to the informant, hence informant lodged report for the
offence against F.E. Other investors are also cheated by the F.E. In the
investigation, police seized mobile phones of all the accused, laptops
and four desktop computers in the raid conducted in the office of F.E.
Police arrested total 24 accused in this crime.
05.

Ld. Advocate for applicants submitted that, applicants are call
executives in F.E. Applicants have no role in luring and inducing the
investors. Being employees and working on commission basis,
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applicants were obeying orders of accused Nos 1 and 17. If the
allegations in the FIR are taken as it is, neither the offence under
Sections 316 and 318 of The BNS nor under Section 3 of the MPID Act
would attract against the applicants. Detention of applicants for
remaining investigation is not required. Applicants are ready to cooperate with investigating agency. Hence Ld, advocate prayed to allow
the application.
06.

Ld. APP instructed by investigating officer submitted that,
applicants are employed as call executives in the office of F.E. Applicants
made phone calls to the informant and other investors and insisted to
invest money in F.E. Thus, involvement of the applicants is prima facie
revealed in the crime. If bail granted, applicants may change the
password of email accounts wherein dada of investors is stored and
thereby tamper the prosecution evidence. Hence Ld. APP prayed to
reject the application.
07.

I have considered submissions and perused record. It is not in
dispute that, applicants were telicallers. Further it appears from FIR and
the say of the investigating officer that, accused No.1 is proprietor and
accused No.17 is manager of. F.E. Applicants were working under
direction of accused No.1 and 17. Thus, even though applicants would
have made phone calls to the investors,
They had no any personal
dishonest intention to lure and induce investors for depositing their
money. Applicants were acting on the direction and instructions of
proprietor and director of the F.E. Hence prima facie sections 316(2)
and 318 of BNS as well as Section 3 of the MPID Act would not attract
against the applicants.

BA 790 OF 2024
08.

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As per the say of police, mobile phone of the applicants, laptops
and desktop computers in office of F.E. have been seized by the police.
Condition can be imposed on the applicants to attend offence of DCB
CID to provide password to investigating officer and not change
password to secure data into mobile and computer. I find this fit case to
grant bail as applicants is employee of F.E. working under direction of
proprietor and manager of F.E. Hence, further detention of applicants is
not required. Applicant is entitled for bail on conditions. Hence, I pass
following order ORDER
1.

Bail Application No. 790 of 2024 is allowed.

2.

Applicants/accused namely Anirudha Tayaba Sanas and Vikram
Rajendra Kumbhar be released on bail on executing personal bond of
Rs. 30,000/- (Rs. Thirty Thousand Only) each with one solvent surety
of the like amount in Crime No. 76 of 2024 registered at DCB CID Unit
XII (Crime No. 144 of 2024 initially registered at Arey Sub Police
Station) for the offences punishable under Sections 316(2), 318(4)and
3(5) of BNS r/w Section 66(C) of I.T. Act r/w Section 3 of MPID Act .
3.

Applicants/accused shall attend office of DCB CID unit on
11.10.204, 14.10.2024 and 16.10.2024 and thereafter as and when
called by written notice by investigating officer and co operate in
investigation.
4.

Applicants/accused shall provide password of e-mail accounts
used in the office of their company to the investigating officer and do
not change password of said email accounts and not to tamper with
data in their seized mobile phones, laptops and computers in any
manner.

BA 790 OF 2024
5.

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Applicants/accused shall not leave India without prior permission
of the court.
6.

Applicants/accused shall deposit their passports and file affidavit
if not having passport with the investigating officer within two weeks
after their release from jail.
7.

Applicants/accused shall submit proof of their residential address
and their contact mobile numbers as well as residential address and
contact mobile numbers of their two closed relatives
to the
investigating officer within two weeks after their release from jail and
update the same time to time whenever it will be changed.
8.

Applicants/accused
shall
not
threaten
or
influence
any
prosecution witnesses and hamper further investigation.
9.

Applicants/accused are permitted to furnish cash security of
Rs.30,000/- in lieu of surety for the period of four weeks.
10.

The Bail Application 790 of 2024 stands disposed of accordingly.
Digitally signed by RASHMI
RAJAN HATE
Date: 2024.11.18 14:58:28
+0530
Dt. 08.10.2024
( N.G. SHUKLA )
Designated Judge under MPID Act,
C.R.NO.20
City Civil & Sessions Court,
Gr. Bombay.

Dictated on
: 08.10.2024
Transcribed on : 13.11.2024
(papers were at department and not yet received till 24.10.2024.
since 25th to 3rd Nov. Diwali Holidays. Steno was on leave on 7th and
8th Nov. )
Submitted on : 13.11.2024
Signed on
: 17.11.2024 (14th HHJ was on leave,15th and 17the holidays)
BA 790 OF 2024
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
08.10.2024
Mrs. R. R. Hate
Name of the Judge
HHJ Shri N.G. SHUKLA
Date of Pronouncement of
judgment/order
08.10.2024
Judgment and order signed by 18.11.2024
P.O.
Judgment/order uploaded on
18.11.2024