:1:
Order on BA No.930/24
MHCC020172062024
BEFORE THE DESIGNATED COURT UNDER M.P.I.D. ACT
CITY CIVIL & SESSIONS COURT, MUMBAI
ORDER ON BAIL APPLICATION NO.930 OF 2024
IN
C.R. No.95 of 2024
Jitendra Dwarika Singh
]
Age : 36 years,
]
Residing at Room No.26, Panchsheel Nagar,
]
Galli No.1, L. M. Road, Near S. Cycle Mart,
]
Applicant/
Borivali (W), Mumbai-400103.
]… Accused
Versus
The State of Maharashtra
(Through EOW, DCB, CID, Mumbai)
]
]… Respondent
Appearances:Ld. Advocate Santosh Pandey for the Applicant.
Ld. SPP Suryawanshi for the State/ Respondent.
CORAM : HIS HONOUR JUDGE
N. P. MEHTA,
(Court Room no. 7)
DATE : 21st November, 2024.
ORAL ORDER
1.

The present application is moved by the Applicant/Accused
Jitendra Dwarika Singh, under Section 439 of The Code of
Criminal Procedure, 1973 for grant of regular bail.

2.

A case being C.R. No.95 of 2024 is registered with EOW, DCB
CID, Mumbai (C.R. No.966 of 2024 registered with Kandivali
:2:
Order on BA No.930/24
Police Station) against the present Applicant for the offences
punishable under Sections 318(4), 316(2), 3(5) of The Bharatiya
Nyaya Sanhita, 2023 (hereinafter referred as “BNS Act”), Section
66 (C) of Information and Technology Act as well as Section 3 of
The Maharashtra Protection of Interest of Depositors (in Financial
Establishments) Act, 1999 (hereinafter referred as “MPID Act”).
3.

Application is resisted by the Prosecution by filing their say at
Exhibit No.02
4. Prosecution case in nutshell is as under :-
Accused is doing online trading without proper registration
and license of concern authority wherein he induced investors to
invest their hard earn money and defrauded them of the amount
deposited through online mode. It is submitted by applicant/
accused that, he is doing work of online trading and have
received training fee from his customers. He would invest the
amount of his customers in online trading. None of his customers
had come forward to lodged complaint against him with police.
He prayed for his release on bail.
5.

It is submitted by Investigating Officer that, amount of
Rs.22,07,370/- (Rupees Twenty Two Lakhs Seven Thousand
Three Hundred Seventy only) have been defrauded with by
accused no.1 Company, which is to be recovered from him.
Accused no.1 has opened call center in Mumbai, Banglore and in
the city of Uttar Pradesh, which are yet to be known.

:3:
6.

Order on BA No.930/24
Having regard to the aforesaid, it appears to this Court that,
none of the investors have came forward to record statement with
police alleging therein that, they have been duped of their hard
earn money by the Company of accused no.1. Unless there is
information regarding wrongful gain accrued to accused no.1
through fraudulent investment scheme alleged to have been
floated by him, no continuance of judicial custody can be
permitted. In this view of the matter, this Court is of the opinion
that custody of applicant/ accused is not required. This Court is
inclined to grant bail to applicant / accused on following terms
and conditions. Therefore, I proceed to pass the following order :ORDER
1. The present Bail Application No.930 of 2024 is hereby allowed
and disposed of.

2. The applicant Jitendra Dwarika Singh is hereby released on bail
in connection with C.R. No.95 of 2024 is registered with EOW,
DCB CID, Mumbai (C.R. No.966 of 2024 registered with
Kandivali Police Station) against the present Applicant for the
offences punishable under Sections 318(4), 316(2), 3(5) of The
Bharatiya Nyaya Sanhita, 2023 (hereinafter referred as “BNS
Act”), Section 66 (C) of Information and Technology Act as well
as Section 3 of The Maharashtra Protection of Interest of
Depositors (in Financial Establishments) Act, 1999 (hereinafter
referred as “MPID Act”), on furnishing PR bond of Rs. 1,00,000/(Rupees One Lakh only) with one or more sureties in the like
amount.

3. The Applicant is permitted to furnish provisional cash bail of Rs.

1,00,000/- (Rupees One Lakh only) for a period of 6 weeks from
today. (After Treasury Hours is allowed).

4. The Applicant to make surety compliance before Court.
5. The applicant
shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him to disclose such facts to the
:4:
Order on BA No.930/24
Court or to any other authority.
6. Applicant shall remain present before the Court on the dates fixed
for recording evidence and hearing of the case. If accused want to
remain absent, then he shall take prior permission of Court and in
case of unavoidable circumstances for remaining absent, he shall
immediately give intimation to the Court and in that case accused
shall remain present through his counsel, who shall conduct the
case without obtaining date if it is fixed for evidence of witness.
Accused counsel shall conduct cross examination of witnesses in
absence of accused and accused identity shall not be disputed.

7. The
Applicant shall surrender his passport before the
Investigating Officer within a period of one week of his release.

8. The applicant shall appear before Court on each and every date.
9. The Applicant shall not leave India without prior permission of
Court.

10. 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 Court.

11. The Applicant shall furnish his contact number and residential
address along with residential address and contact number of his
two near relatives to the Investigating Officer and shall keep him
updated, in case there is any change.

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

(Dictated and pronounced in the open Court.)

Date: 21/11/2024
Mumbai
Dictated on
: 21/11/2024
Draft given on
: 21/11/2024
Signed by HHJ on : 21/11/2024
Digitally signed
by NIKHIL
PRAKASH
MEHTA
Date:
2024.11.22
17:06:32 +0530
(N. P. Mehta)
Designated Judge under
The Maharashtra Protection of
Interest of Depositors Act, 1999,
for Gr. Bombay
:5:
Order on BA No.930/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT /ORDER”
22.11.2024 at 5.03 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
21.11.2024
Judgment /Order signed by P.O. on
22.11.2024
Judgment/Order uploaded on
22.11.2024