B.A. 822-2024
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Dt.16.10.2024
BEFORE THE DESIGNATED COURT UNDER M. P. I. D. ACT
CITY CIVIL & SESSIONS COURT, Gr. BOMBAY.
BAIL APPLICATION NO. 822 OF 2024
IN
REMAND APPLN NO. 1158 OF 2024
IN
C.R.NO.76 OF 2024
Mr. Rahul Ramchandra Manjrekar
(In Judicial Custody)
Indian Inhabitant, 36 years,
Permanent Resident of : 8,
Vakola Bridge Road, Dhobighat, Santacruz
Applicant/
East, Mumbai – 55.
Accused No.1
Versus
The State of Maharashtra
Through DCB CID Police Station
Unit -XII, Mumbai
…Respondents
Coram : HHJ SHRI N.G. SHUKLA,
(Court No. 20)
Date
: 16.10.2024
Appearance:
Ld. Adv. Mr. Manish Kanojia for Applicant/accused.
Ld. APP. Mrs. Chaitrali Panshikar for the Respondent/State-EOW.
ORDER
(Dictated and pronounced in open court)
01.
By way of this application, applicant who is arrested in Crime No.
76/2024 of 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 IT Act r/w
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Section 3 of MPID Act is seeking bail under Section 439 of the Code of
Criminal Procedure, 1973 (here in after referred as “Cr.P.C.” ).
02.
Prosecution filed reply (Exh.2) and opposed the application.
03.
Case of the prosecution in brief is that, applicant is Proprietor of
in Dhan Suvidha Finance Company. Applicant with the help of other
employees of the Company lured the investors to deposit Rs.2,950/online with the company and they would sanction loan to the said
investors. In fact, no such loan were sanction to any of the investors. It
is alleged that applicant and co-accused No.2 committed fraud of huge
amount deposited by the investors.
04.
Ld. Advocate for the applicant submitted that, applicant
was in custody of police for sufficient time. His interrogation is taken
place. Mobile phone of the applicant and computers and laptops in the
office of company have been seized. Entire data is in the said devices
and there is no chance of tampering the same by the applicant. Primafacie Section 316
and 318 of BNS would not attract against the
applicant. Applicant is ready to co-operate investigation agency. Hence,
Ld. Advocate prayed to grant bail to the applicant.
05.
The Ld. APP submitted that, applicant is the main culprit as
proprietor of Dhan Suvidha Finance. Investigation is in progress. If he
released on bail, applicant may tamper the evidence and abscond. Hence, Ld.
APP prayed to reject the application.
06.
I have considered submissions and perused the say. It appears
from FIR and say of police that applicant is the main culprit as proprietor of
the Company. The Company was insisting paper to deposit of Rs.2,950/- and
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not provided loan. Thus, prima-facie dishonest intention on the part
applicant appears in the offence. Investigation is in progress. Considering the
main role of applicant, he is not entitled for bail. Hence, I pass following
orderORDER
1.
Bail Application No. 822 of 2024 is hereby rejected and disposed
off accordingly.
Digitally signed by NITIN
GANGADHAR SHUKLA
Date: 2024.11.25
16:09:02 +0530
Dt. 16.10.2024
Dictated on
Transcribed on
Submitted on
Signed on
:
:
:
:
16.10.2024
16.10.2024
16.10.2024
16.10.2024
( N.G. SHUKLA )
Designated Judge
(MPID Court), C.R.NO. 20
City Civil & Sessions Court,
Gr. Bombay.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
16.10.2024
Mrs. H.D. Jagtap
Name of the Judge
HHJ Shri N.G. SHUKLA
Date of Pronouncement of
judgment/order
16.10.2024
Judgment/order signed by P.O. 16.10.2024
Judgment/order uploaded on
25.11.2024