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Order on BA No.910/24
MHCC020169252024
BEFORE THE DESIGNATED COURT UNDER M.P.I.D. ACT
CITY CIVIL & SESSIONS COURT, MUMBAI
ORDER ON BAIL APPLICATION NO.910 OF 2024
IN
C.R. No.95 of 2024
Arnav Kartik Sing Baghel
Age : 19 years,
Residing at Room No.6, Tirupati Nagar,
Phase 1, Yashwant Akad CHS, Virar.

]
]
] Applicant/
]… Accused
Versus
The State of Maharashtra
(Through DCB, CID, Mumbai)
]
]… Respondent
Appearances:Ld. Advocate Kapil Dave for the Applicant.
Ld. SPP Suryawanshi for the State/ Respondent.
CORAM : HIS HONOUR JUDGE
N. P. MEHTA,
(Court Room no. 7)
DATE : 13th November, 2024.
ORAL ORDER
1.

The present application is moved by the Applicant/Accused
Arnav Kartik Sing Baghel, under Section 439 of The Code of
Criminal Procedure, 1973 for grant of regular bail.

2.

A case bearing C.R. No.95 of 2024 is registered with DCB,
CID, Mumbai (C.R. No.966 of 2024 registered with Kandivali
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Order on BA No.910/24
Police Station) against the present Applicant for the offence
punishable under Sections 316(2), 318(4), 3(5) of Bharatiya
Nyaya Sanhita, 2023 (hereinafter referred as “BNS”) and Section
66(C) of Information Technology Act 2000 as well as Section 3 of
The Maharashtra Protection of Interest of Depositors Act, 1999
(hereinafter referred as “MPID Act”).
3.

Application is resisted by the Prosecution by filing its say at
Exhibit No.03.

4. Prosecution case in nutshell is as under :-
It is the case of prosecution that applicant is employed with
“Spot Fixit Solution” (hereinafter referred as “said Company”).
His job was to attract Indian customers through VICIdial call
asking them to invest in Foreign Exchange Currency, promising
profitable returns and further requesting them to register
themselves on Website forex sp.com. Further, the customers were
asked to provide their bank accounts details, with the help of
which money could be withdrawn by the said Company. Indian
customers got induced wherein they provided their bank account
number and above said Company took out money from the bank
account as investment in the Foreign Exchange Currency but later
on the Indian customers found that there is no valid license
allotted to the said Company to trade in Foreign Exchange
Currency and in this way they got to know that they have been
deceived by the said Company. The said Company also forged
forex trading, wherein they accepted money from various
customers which they transferred it in their own account. Spot
Fixit Solution Company never invested Indian customers’ money
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Order on BA No.910/24
in Foreign Exchange trading and in this way the customers were
defrauded of their hard earn money.
5.

Having regard to the allegations made in the F.I.R., offences
under Sections 316(2), 318(4), 3(5) of BNS and Section 66(C) of
Information Technology Act 2000 as well as Section 3 of The
Maharashtra Protection of Interest of Depositors Act, 1999 were
slapped against applicant and others. Applicant being employee
of Spot Fixit Solution Company, has no role to play in the alleged
defrauding of money of Indian customers. He was acting as per
the directions of his masters. Thus, no role is attributed to him in
inducing and deceiving Indian customers wherein they have
invested their money in the alleged Foreign Exchange Currency,
which have no license from Reserve Bank of India. All alleged
money received from customers have been pocketed by main
accused. Applicant is not beneficiary of the money received from
Indian customers for trading in Foreign Exchange Currency. This
Court is inclined to enlarge applicant/ accused on bail. Therefore,
I proceed to pass the following order :ORDER
1. The present Bail Application No.910 of 2024 is hereby allowed
and disposed of.

2. The applicant Arnav Kartik Sing Baghel is hereby released on bail
in connection with C.R. No.95 of 2024 is registered with DCB,
CID, Mumbai (C.R. No.966 of 2024 registered with Kandivali
Police Station) against the present Applicant for the offence
punishable under Sections 316(2), 318(4), 3(5) of Bharatiya
Nyaya Sanhita, 2023 and Section 66(C) of Information
Technology Act 2000 as well as Section 3 of The Maharashtra
Protection of Interest of Depositors Act, 1999 on furnishing PR
bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with one or
more sureties in the like amount.

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Order on BA No.910/24
3. The Applicant is permitted to furnish provisional cash bail of Rs.

15,000/- (Rupees Fifteen Thousand only) for a period of three
months (After Treasury Hour are over).

4. The Applicant to make surety compliance before concern Court.
5. The applicant shall surrender his passport before the investigating
officer within a period of one week of his release.

6. That the applicant shall make himself available for interrogation
by the Investigating Officer as and when required, under written
intimation.

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

8. The Applicant shall not alienate any movable and immovable
property in his name or in the name of his wife/children if any,
without permission of this Court.

9. The Applicant shall not tamper with the prosecution evidence or
pressurize the prosecution witnesses in any manner.

10. The Applicant shall furnish his contact number and residential
address to the Investigating Officer and shall keep him updated,
in case there is any change.

11. The Applicant shall attend the dates of trial regularly.

(Dictated and pronounced in the open Court.)

Date: 13/11/2024
Mumbai
Dictated on
: 13/11/2024
Draft given on
: 13/11/2024
Signed by HHJ on : 14/11/2024
Digitally signed
by NIKHIL
PRAKASH
MEHTA
Date: 2024.11.14
15:08:04 +0530
(N. P. Mehta)
Designated Judge under
The Maharashtra Protection of
Interest of Depositors Act, 1999,
for Gr. Bombay
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Order on BA No.910/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT /ORDER”
14.11.2024 at 3.00 p.m.
UPLOADED DATE AND TIME
Ms. R. D. Tari
NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.)

H.H.J. N. P. Mehta
C.R. No.07
Date of Pronouncement of Judgment/Order
13.11.2024
Judgment /Order signed by P.O. on
14.11.2024
Judgment/Order uploaded on
14.11.2024