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B.A.909/24
MHCC020058442024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.909 OF 2024
Ashishkumar Mungeshwar Mahato
Age : 30 years, Residing at Karhani,
Pipara, Gaya, Bihar 824206
… Applicant
– Versus The State of Maharashtra
(At the instance of DCB CID Unit-5
C.R.No.66/2023)
… Respondent
Appearance :Advocate Roshani Singh for the applicant.
APP Iqbal Solkar for the respondent / State
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 20/04/2024
ORDER
This is bail application by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.66/2023 registered with DCB CID Unit-5, Mumbai for the
commission of offences punishable u/sec. 420, 409, 465, 467, 468,
471, 120(B) of the Indian Penal Code, Section 10, 24 of the Indian
Immigration Act, Section 12(1)(B) of the Passport Act and Section
66(C), (D) of the Information Technology Act, 2000.

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2.

B.A.909/24
It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The accused is arrested on
30.10.2023. He has undergone custodial interrogation. The applicant /
accused has no criminal antecedent. Investigation is completed.
Therefore, there is no point in keeping accused behind bars till
conclusion of trial. He is permanent resident of his given address
therefore applicant / accused prayed for releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if accused is
released on bail it will affect on the collection of evidence. If accused is
released on bail there are chances of flee away from justice. If accused
is released on bail there are chances of threatening of prosecution
witnesses and tampering of prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant, ld. APP for the respondent / State.
Read written notes of argument filed by the advocate for the applicant.
5.

I have gone through the documents on record. It is the case
of the prosecution that all accused started business of consultancy
providing service of securing job at abroad. One Bharat Shantaram Koli
on 29.10.2023 lodged report that from one of his friend he came to
know about Bombay Internation Consultancy. He approached to the
said consultancy. It was informed him that there is vacany at Pasha
Construction at Ajarbaizan country. He was asked to submit his Biodata. When the informant visited said consultancy one Amitosh Gupta
was there. One Pramod Kumar forwarded offer letter of Pasha
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B.A.909/24
Construction on WhatsApp of the complainant. On 18.08.2023 the
complainant alongwith his friend visited the said office of Bombay
International consultancy. Amitosh Gupta, Fizan Shaikh, Shaikh
Mansoori Mohd, Ramkrupal Kushwah and other two women were
present there. The complainant deposited his passport with Amitosh
Gupta. Link in respect of Visa was forwarded to the complainant. He
verified it and found it as correct. On 14.09.2023 one Pramod Kumar
asked him to transfer the amount for booking of air ticket. Accordingly,
complainant transferred the amount. Lateron the complainant noticed
that the persons from said agency are avoiding to complete the
formalities to send the complainant to Azarbaizan for securing the job.
It is further contention in the FIR that the Visa was found as duplicate.
The agency was closed down. The complainant found many persons are
gathered outside the office of the said agency. It is also alleged that the
offer letter was forged and complainant has been deceived. Accordingly,
offence is lodged and investigation proceeded.
6.

The applicant Ashishkumar came to be arrested on
30.10.2023. The ld Metropolitan Magistrate by order dated 28.03.2024
rejected the bail application. Charge-sheet is already filed. Investigation
is completed. It is alleged that from the house of present applicant 42
passport have been recovered. It appears that they are not the forged
passport. It is the case of the prosecution that by offering job in the
foreign countries their passport were obtained for necessary formalities
and therefore, recovery of passport with the accused appears to be
natural. According to the informant the accused have obtained amount
from the candidates who were willing to secure job in the foreign
country but they did not complied with the work undertaken by them. It
is alleged that these persons have been cheated by the accused. Since
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B.A.909/24
30.10.2023 the applicant / accused is behind bars. The charge sheet is
already filed. Investigation is completed. Pre-trial incarceration is not
warranted. If reasonable conditions securing presence of accused are
imposed, he will be entitled for the bail. Hence, I pass the following
order :
ORDER
1.

Criminal Bail Application No.909 of 2024 is allowed.

2.

The Applicant / Accused Ashishkumar Mungeshwar Mahato,
arrested in C.R.No.66/2023 under Section 420, 409, 465, 467, 468,
471, 120(B) of the Indian Penal Code, Section 10, 24 of the Indian
Immigration Act, Section 12(1)(B) of the Passport Act and Section
66(C), (D) of the Information Technology Act, 2000 registered with
DCB CID, Unit – 5, Mumbai (Corresponding C.R.No.239/2023, MR.A.
Marg Police Station) be released on bail on furnishing P.B. and S.B. of
Rs.30,000/- with one or two sureties.
3.

The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant / accused shall attend the concern police station
once in a month fill next three months.
5.

The applicant / accused shall regularly attend the dates of
hearing of the case, unless exempted by the ld. Trial Court.
6.

The applicant / accused shall not leave India without prior
permission of the Court.
7.

Bail before the concern Magistrate.

Date : 20/04/2024
Dictated on
Transcribe on
Signed by HHJ on
: 20.04.2024
: 26.04.2024
: 29.04.2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.909/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
29/04/2024
6.17 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 20/04/2024
ORDER signed by P.O. on
29/04/2024
ORDER uploaded on
29/04/2024