B.A.941/2024
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MHCC020059062024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.941 OF 2024
IN
C.R.NO.162 OF 2024
Dev Kumar Kshatri
Aged about 31 years,
S/o. Raj Kumar Kshatri
Residing at Lodhipara,
Sarkanda, Bhilaspur,
Chattisgarh
…Applicant
Vs.
State of Maharashtra
(Through BKC Police Station)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 20th April 2024
Shri Himanshu Sharma, learned advocate for applicant.
Ms. Ratnavali Patil, learned APP for State/Respondent
ORDER
01.

The applicant Dev Kumar Kshatri has filed this application
under Section 439 of the Code of Criminal Procedure for granting bail
B.A.941/2024
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in connection with Crime No.162/2024 registered with BKC Police
Station, Mumbai for the offences punishable under Sections 419, 420,
465, 468, 471 r/w. 34 of the Indian Penal
Code and under Sections
66(c) and 66(d) of the Information and Technology Act 2000, on the
allegations that the applicant and co-accused induced the informant to
invest amount in share market and cheated him.
02.

The investigating officer through learned A.P.P. filed reply
(Exh.02) and strongly opposed the application. It is contended that the
offence is serious and investigation is in progress. In the course of
investigation it is transpired that the applicant and co-accused induced
the informant to invest huge amount in share market and cheated him.
The co-accused is absconded and amount involved in the crime yet to
be recovered.

According to
the
investigating
officer, in
such
circumstances, if the applicant released on bail there is possibility of
pressurizing the prosecution witnesses, committing similar offence and
fleeing away from justice. Hence, the investigating officer prayed to
reject the application.
03.

Heard Shri Himanshu Sharma, 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 of the applicant is not
mentioned in the First Information Report. It appears that offence was
registered against unknown person. The investigating officer in the
course of investigation on the basis of account numbers identified the
applicant and co-accused. It is alleged that the applicant and co-accused
created whatsapp groups and induced the informant and others to
B.A.941/2024
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invest money in the share market by giving an assurance of huge profit.
The investigating officer arrested the applicant on 30/03/2024 and
produced before the learned Metropolitan Magistrate. The applicant
was remanded to police custody and after sufficient police custody
taken into judicial custody. In the course of police custody nothing could
be recovered from the applicant. It further appears that some portion of
amount collected by way of cheating was transferred to the account of
present applicant. The main allegations of cheating and forgery are
against co-accused. The presence of the applicant is not necessary for
any recovery or discovery. The bank account of the applicant is already
debit freezed.

Nothing is placed on record about past criminal
antecedents of the applicant. In such circumstances, it will not proper to
keep the applicant behind bar for indefinite period. The apprehension
placed on record by the investigating officer can be taken care of by
imposing certain conditions. In the facts and circumstances of the case,
the applicant is entitled to release on bail. Hence, the following order is
passed.
ORDER
1.

Criminal Bail Application No.941 of 2024 is allowed.

2.

The applicant Dev Kumar Kshatri be released on bail in Crime
no.162/2024 registered in BKC Police Station for the offences
under Section 419, 420, 465, 468, 471 r/w. 34 of the Indian Penal
Code and under Sections 66(c) and 66(d) of Information
Technology Act 2000, on his executing P.R.Bond of Rs.25,000/(Rupees Twenty-Five Thousand) 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.

B.A.941/2024
4.

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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.

5.

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

6.

The applicant is directed to attend the BKC 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 and co-operate the investigating agency.

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.

Breach of any conditions by the applicant shall result in
cancellation of bail.

9.

Bail before learned Metropolitan Magistrate Court.

10.

Thus, Criminal Bail Application No.941 of 2024
stands disposed
Digitally signed
of.

20/04/2024
Dictated on
: 20/04/2024
Transcribed on : 23/04/2024
Signed on
: 23/04/2024
VIRBHADRA
MAHADAPPA
SUNDALE
by VIRBHADRA
MAHADAPPA
SUNDALE
Date: 2024.04.24
11:31:43 +0530
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
B.A.941/2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
24/04/2024
11.30 a.m.

Name of Stenographer
Mrs. M.S. Putta
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27)
of
20/04/2024
JUDGEMENT /ORDER signed by P.O.
on
23/04/2024
JUDGEMENT /ORDER uploaded on
24/04/2024