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Order on BA No.915/24
MHCC020169862024
BEFORE THE DESIGNATED COURT UNDER M.P.I.D. ACT
CITY CIVIL & SESSIONS COURT, MUMBAI
ORDER ON BAIL APPLICATION NO.915 OF 2024
IN
C.R. No.95 of 2024
Kishan Mukeshbhai Chauhan
Age : 22 years,
Residing at B/1806, Mahalaxmi Building,
Near Mahakali Mandir, Dahisar, Mumbai.

]
]
] Applicant/
]… Accused no.2
Versus
The State of Maharashtra
(Through DCB, CID, Mumbai)
]
]… Respondent
Appearances:Ld. Advocate Saurabh Ghag a/w Ld. Advocate Divya Bhatia for the
Applicant.
Ld. SPP Suryawanshi for the State/ Respondent.
CORAM : HIS HONOUR JUDGE
N. P. MEHTA,
(Court Room no. 7)
DATE : 14th November, 2024.
ORAL ORDER
1.

The present application is moved by the Applicant/Accused
Kishan Mukeshbhai Chauhan, 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.915/24
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.

The say of the Prosecution / Respondent has been called. The
Respondent through SPP objected this application by giving his
say on overleaf of this application and thereby, objected the
prayer in this application.

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which money could be withdrawn by the said Company.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
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Order on BA No.915/24
customers which they transferred it in their own account. Spot
Fixit Solution Company never invested Indian customers’ money
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.915 of 2024 is hereby allowed
and disposed of.

2. The applicant Kishan Mukeshbhai Chauhan 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
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Order on BA No.915/24
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.
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.)

Digitally signed
by NIKHIL
PRAKASH
MEHTA
Date:
2024.11.14
15:34:35 +0530
Date: 14/11/2024
Mumbai
Dictated on
: 14/11/2024
Draft given on
: 14/11/2024
Signed by HHJ on : 14/11/2024
(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.915/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT /ORDER”
14.11.2024 at 3.33 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
14.11.2024
Judgment /Order signed by P.O. on
14.11.2024
Judgment/Order uploaded on
14.11.2024