CRI. BA 965/2024
1
ORDER
MHCC020061292024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 965 OF 2024
( CNR NO.: MHCC02-006129-2024 )
ANSIL ISMAIL
PuthiyaNalakath,
VallikunnuKadalundinagaram,
TirurangadiMalappura,
Kerala 673314.
V/s.
The State of Maharashtra,
(At the instance of Pantnagar
Police Station vide C.R.No.14/2024)
…Applicant/Accused
…Respondent/State.

Appearance:Ld. Advocate Munsif Khan for the applicant/accused.
Ld. S. P.P. S.V. Kekanis and Ld. S.P.P Manisha J. Parmar for the
State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 02.05.2024.

CRI. BA 965/2024
2
ORDER
ORDER
1.

This is an application under Section 439 of Code of
Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) in
connection with the crime vide C.R. No. 14 of 2024 dated 09.01.2024
registered with respondent/state for the offences punishable under
Sections 419 and 420 r/w. 34 of the Indian Penal Code,1860 and
u/s.66(C) and 66(D) of the Information Technology Act,2000.
2.
of
The respondent/state has strongly opposed to the bail plea
the
applicant on various
grounds
by
filing
their
written
say/submission at Exh–3.
3.

Perused the application, plea submissions, grounds raised
therein coupled with the documents placed reliance by the applicant.
Also, perused the written say/objection of respondent/state. Heard Ld.
Advocate for the applicant and the Ld. S.P.P. for respondent/state.
4.

Having heard to the rival parties and considered their
raised submissions contentions and record availed prima-facie it
inclined in impugned crime the applicant and his one companion are
involved. It is alleged against them by the informant that on 07.01.2024
he has received the telegram link through whatsapp. Wherein, directed
to him to add him in Amazon Product Cart. He complied the same.
Allegedly, assured to him upon deposit the amount Rs.160/- would get
Rs.350/-. Then also directed to deposit Rs.1,000/-. He will get
Rs.1,300/-. Upon complied the said direction Rs.1,500/- transferred in
his account. Then time to time directed him to deposit amounts by as
CRI. BA 965/2024
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ORDER
Rs.5,000/-, Rs.28,880/- and Rs.68,800/-. However, no any amount was
transferred in his account, but, further directed to deposit amount
Rs.1,66,000/-. Thereupon, he has transpired about the commission of
crime of online fraud and misappropriation of his transferred amount.
Thus, raised the impugned crime. The bail plea of applicant is pleased
to rejected by the Ld. Trial Court on 05.04.2024. He comes with the
case that whatever account numbers are involved in impugned crime
with that not having any concern of applicant by any manner. Thereby,
he is just concerned with the alleged cell number. Therefore, arrested
him on 22.03.2024 without any reason and cause. He is not beneficiary
of any amount. His two bank accounts are already freezed. Considering
the allegations would reveal substantial accusations must have to be
investigated. He also raised general grounds.
5.

The respondent/state has vehemently objected to the bail
plea of applicant on the ground that in bank account of applicant in all
amount Rs.6,00,000/- transferred. The same is withdrawn by him by his
own cheques and alienated the same. His one companion is absconded.
His residence is at Taluka-Tirurangadi, District-Malappura, State-Kerala.
He is not having any residential address in Maharashtra. He has
committed the crime of online fraud misappropriation. The same is
serious in natures. Therefore, does not deserve to have the liberty.
6.

In the above such circumstances cautiously considered the
raised submissions contentions and record material availed it inclined
the applicant is arrested on 22.03.2024 from his native place Kerala,
VallikunnuKadalundinagaram, TirurangadiMalappura. Allegedly, his one
companion is absconded. Against him raised the allegations that he has
CRI. BA 965/2024
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ORDER
forwarded telegram link on whatsapp of informant and given direction
to deposit certain amounts. In lieu of that certain benefit amount
delivered by him. Lateron, directed to deposit huge amount time to time
and the same is misappropriated grabbed by him. Allegedly, his two
bank accounts are freezed. His bail plea is rejected by Ld. Trial Court
principally on the ground against him serious in natures allegations of
economic crime is raised. The involved misappropriation amount worth
of
Rs.6,00,000/-.

Considering
such
circumstances
eventualities
allegations levelled against him coupled with grounds raised by him.
Though it revealed against him prima-facie certain record material
evidence is availed in regard to withdrawal of amount transferred in
bank account. However, one of the companion of him is yet to detected
transpired and arrested. For which certainly inevitable time would take.
Though material objection of respondent as he is resident of State
Kerala. Thereby, strong possibility of his abscondance. However, by it I
felt by saddling stringent conditions would appropriate to have the
liberty to him. With this passed the following order.
:ORDER:
1.

The present Criminal Bail Application No. 965 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
a.

The applicant ANSIL ISMAIL residing at PuthiyaNalakath,
VallikunnuKadalundinagaram, TirurangadiMalappura, Kerala 673314 be
released on executing a P.R. Bond of Rs. 1,00,000/- (Rupees One Lakh
Only) and furnish one or two solvent sureties in the like amount in
connection with the crime vide C.R. No.14 of 2024 registered with
CRI. BA 965/2024
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ORDER
Pantnagar Police Station for the offences punishable under Sections 419
and 420 r/w. 34 of the Indian Penal Code,1860 and u/s.66(C) and
66(D) of the Information Technology Act,2000.
b.

The applicant shall not tamper or hamper the prosecution
witnesses and evidence by any manner.
c.

The applicant shall record his attendance with respondent/
Pantnagar Police Station on every Monday of every week between 11:00
a.m. to 05:00 p.m. until submission of charge-sheet.
d.

The applicant shall attend every date of trial without fail.

e.

The applicant shall not indulge in any criminal activity.

f.

The applicant shall not leave India without prior permission of
Ld. Trial Court.
g.

The applicant shall submit his proper considerable residential
address proof as well as telephone and cell numbers with respondent, in
view of his contact.
h.

The applicant to make surety compliance before Ld. Trial Court.

i.

Accordingly, inform to the Ld. Trial Court, Investigating Officer/
Pantnagar Police Station by sending copy of this order.
j.

The respondent/Pantnagar Police Station to take note of this
CRI. BA 965/2024
6
ORDER
order.
k.

The present Criminal Bail Application No. 965 of 2024 stands
disposed of accordingly.
Dictated and pronounced in open court
SHRIRAM
MADHUKAR
TAPKIRE
Dictated on
Transcribed on
Date of sign
: 02.05.2024
: 03.05.2024
: 04.05.2024
Digitally signed
by SHRIRAM
MADHUKAR
TAPKIRE
Date:
2024.05.04
16:58:58
+0530
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 965/2024
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ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
04/05/2024, 4.58 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)

HHJ S.M. Tapkire,(C.R.No.60)
Addl. Sessions Judge.,City Civil & Sessions
Court, Mumbai.

Date of pronouncement of Judgment/Order
02.05.2024
Order signed by P.O. on
04.05.2024
Order uploaded on
04.05.2024