B.A.994/2024
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MHCC020062172024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.994 OF 2024
IN
C.R.NO.206 OF 2024
Mohammad Ayyub Yakub
Shaikh,
Age : 33 years, Occ : Service
Residing at: Room No.105,Sai
Orchid Building, Sai City
Complex, Hanuman Nagar,
Nalasopara (West), Palghar,
Presently languished in
judicial custody at Arthur
Road Prison, Mumbai
…Applicant
Vs.
The State of Maharashtra
(At the instance of Vakola
Police Station in C.R.No.206
of 2024)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 25th April 2024
Shri Mahesh B. Gupta, learned advocate for applicant.
Ms. Ratnavali Patil, learned APP for State/Respondent
B.A.994/2024
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ORDER
01.

The applicant Mohammad Ayyub Yakub Shaikh has filed
this application under Section 439 of the Code of Criminal Procedure
for granting bail in connection with Crime No.206/2024 registered with
Vakola Police Station, Mumbai for the offences punishable under
Sections 420 r/w 34 of the Indian Penal Code and under Section 66(c)
and 66(d) of the Information Technology Act, 2000, on the allegations
that the applicant and co-accused induced the informant to transfer
Rs.8,16,200/- to their account by giving an assurances to provide him
part time job in Cleartrip Private Limited and thereby 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
applicant and co-accused in furtherance of their common intention
induced the informant to transfer Rs.8,16,200/- to their account by
giving assurances to provide him part time job. In the course of
investigation it is transpired that an amount of Rs.50,000/- transferred
to the account of present applicant as commission. It is also transpired
that the applicant and co-accused run a very big cyber network to cheat
the public at large. The offence is serious and investigation is in
progress. The applicant is resident of Uttar Pradesh. According to the
investigating officer, in such circumstances, if the applicant released on
bail there is possibility of hampering investigation, pressurizing
prosecution witnesses and fleeing away from justice. Hence, the
investigating officer prayed to reject the application.
03.

Heard Shri Mahesh B. Gupta, learned advocate for
applicant and Ms. Ratnavali Patil, learned APP for the prosecution.

B.A.994/2024
04.

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I have carefully gone through record with reference to
submission of both the sides. It appears that the name of applicant is
not mentioned in the First Information Report. However in the course of
investigation it is transpired that an amount of Rs.50,000/- has been
directly transferred to the account of present applicant as commission.
The investigating officer arrested the applicant on 28/03/2024 and
produced before the learned Metropolitan Magistrate. The applicant
was remanded to police custody till 30/03/2024 and thereafter taken
into judicial custody. In the course of police custody of the applicant
nothing could be recovered from the applicant. It further appears that
the investigating officer has already made necessary correspondence to
the concern bank to debit freeze the bank account of the applicant. The
charges levelled against the applicant are punishable with imprisonment
to the extent of seven years. Nothing is placed on record about past
criminal antecedents of the applicant. There are no extra ordinary
circumstances to keep the applicant behind bar for indefinite period and
complete remaining part of investigation. 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.994 of 2024 is allowed.

2.

The applicant Mohammad Ayyub Yakub Shaikh be released on
bail in Crime no.206/2024 registered in Vakola Police Station for
the offences under Section 419 and 420 of the Indian Penal Code
and under Section 66(c) and 66(d) of the Information Technology
Act, 2000 on his executing P.R.Bond of Rs.50,000/- (Rupees Fifty
Thousand) with one or two sureties of the like amount.

B.A.994/2024
3.

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The applicant and his surety shall provide their respective mobile
numbers, e-mail address and documents pertaining to place of
residence.

4.

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 Vakola police station once
in a week i.e. on every Wednesday 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.994 of 2024 stands disposed
of.

Digitally signed
by VIRBHADRA
VIRBHADRA MAHADAPPA
MAHADAPPA SUNDALE
Date:
SUNDALE
2024.04.26
15:34:19 +0530
25/04/2024
Dictated on
: 25/04/2024
Transcribed on : 25/04/2024
Signed on
: 26/04/2024
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
B.A.994/2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
26/04/2024
3.15 p.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
25/04/2024
JUDGEMENT /ORDER signed by P.O.
on
26/04/2024
JUDGEMENT /ORDER uploaded on
26/04/2024