BA 810 OF 2024
MHCC020152962024
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BEFORE THE DESIGNATED COURT UNDER M. P. I. D. ACT
CITY CIVIL & SESSIONS COURT, Gr. BOMBAY.
CRIMINAL BAIL APPLICATION NO. 810 OF 2024
IMRAN MOHAMMED RAFIQ @ IMRAN
RAFIQ MONDAL
Indian Inhabitant, 22 years,
Permanent Resident of : Room No.70, Plot
No. 38, NCC Abdul Hamid Road, Malvani,
Malad West, 400095.

Applicant/Accused
No.12
Versus
The State of Maharashtra
(Through DCB CID police station
through Ld. Public Prosecutor
Sessions Court, Mumbai)
Respondent
Coram : HHJ SHRI N.G. SHUKLA,
(Court No. 20)
Date
: 11.10.2024
Appearance:
Ld. Adv. Manish Kanojia for Applicant/Accused.
Ld. APP. Ms. Panshikar for the Respondent/State.
ORDER
(Dictated and pronounced in open court)
01.

Applicant/accused who is arrested 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 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
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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 applicant and Ld.APP for the
State/EOW.
04.

Case of prosecution in nut shell is that, applicant is working o
commission basis as telicaller. Applicant 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 applicant submitted that, applicant is telicaller,
working on commission basis in F.E. Applicant has no role in luring and
inducing the investors. Being employee and working on commission
basis, applicant was 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 applicant. Detention of applicant for
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remaining investigation is not required. Applicant is ready to co-operate
with investigating agency. Hence Ld, advocate prayed to allow the
application.
06.

Ld. APP instructed by investigating officer submitted that,
applicant is employed as telicaller in the office of F.E. Applicant made
phone calls to the informant and other investors and insisted to invest
money in F.E. Thus, involvement of the applicant is prima facie revealed
in the crime. If bail granted, applicant 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, applicant was working as telicaller on commission basis or
employee on pay role. 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. Applicant was working under direction of accused
No.1 and 17. Thus, even though applicant would have made phone calls
to the investors, applicant had no any personal dishonest intention to
lure and induce investors for depositing their money. Applicant was
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 applicant.
08.

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

Bail Application No. 810 of 2024 is allowed.

2.

Applicant/accused No.12 namely Imran Mohammed Rafiq @
Imran Rafiq Mondal be released on bail on executing personal bond of
Rs. 30,000/- (Rs. Thirty Thousand Only) with one 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.

Applicant/accused shall attend office of DCB CID unit on
14.10.204, 16.10.2024 and 18.10.2024 between 10.00 am to 1.00 pm
and thereafter as and when called by written notice by investigating
officer and co operate in investigation.
4.

Applicant/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.
5.

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

BA 810 OF 2024
6.

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

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

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

Applicant/accused is permitted to furnish cash security of
Rs.30,000/- in lieu of surety for the period of four weeks. Cash amount
of bail be accepted after treasury hours.
10.

The Bail Application 810 of 2024 stands disposed of accordingly.
Digitally signed by
RASHMI RAJAN HATE
Date: 2024.11.12
16:36:12 +0530
( N.G. SHUKLA )
Designated Judge under MPID Act,
C.R.NO.20
City Civil & Sessions Court,
Gr. Bombay.

Dt. 11.10.2024
Dictated on
Transcribed on
:
:
Submitted on
Signed on
:
:
11.10.2024
11.11.2024
(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. )
11.11.2024
12.11.2024
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
11.10.2024
Mrs. R. R. Hate
Name of the Judge
HHJ Shri N.G. SHUKLA
Date of Pronouncement of
judgment/order
11.10.2024
Judgment and order signed by 12.11.2024
P.O.
Judgment/order uploaded on
12.11.2024