BA 788 OF 2024
1
Dt. 08.10.2024
MHCC020150562024
BEFORE THE DESIGNATED COURT UNDER M. P. I. D. ACT
CITY CIVIL & SESSIONS COURT, Gr. BOMBAY.
CRIMINAL BAIL APPLICATION NO. 788 OF 2024
Shalaka Gautam Kamble
Age 34, Occupation : Service,
Residing at Bhagat Singh Nagar No.2,
Link Road, Near Billabong High School,
Church Gally, Goregaon West
Mumbai 400 104.

Applicant/Accused
Versus
The State of Maharashtra
ACB/DCB/EOW
At the instance of Aarey Sub Police
Station
Respondent
Coram : HHJ SHRI N.G. SHUKLA,
(Court No. 20)
Date
: 08.10.2024
Appearance:
Ld. Adv. Satyadev Joshi 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
BA 788 OF 2024
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Dt. 08.10.2024
Technology Act (hereinafter referred as “I.T. Act”) r/w Section 3 of
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 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
BA 788 OF 2024
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would attract against the applicant. Detention of applicant for
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
BA 788 OF 2024
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Dt. 08.10.2024
CID to provide password to investigating officer and not change
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. 788 of 2024 is allowed.

2.

Applicant/accused namely Shalaka Gautam Kamble be released
on bail on executing personal bond of Rs. 30,000/- (Rs. Thirty
Thousand Only) with one solvent 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
11.10.204, 14.10.2024 and 16.10.2024 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 788 OF 2024
6.

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Dt. 08.10.2024
Applicant/accused shall deposit her passport and file affidavit if
not having passport with the investigating officer within two weeks
after her release from jail.
7.

Applicant/accused shall submit proof of her residential address
and her contact mobile numbers as well as residential address and
contact mobile numbers of her two closed relatives to the investigating
officer within two weeks after her 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.
10.

The Bail Application 788 of 2024 stands disposed of accordingly.
Digitally signed by NITIN
GANGADHAR SHUKLA
Date: 2024.11.05 17:49:23
+0530
( N.G. SHUKLA )
Designated Judge under MPID Act,
C.R.NO.20
City Civil & Sessions Court,
Gr. Bombay.

Dt. 08.10.2024
Dictated on
Transcribed on
:
:
Submitted on
Signed on
:
:
08.10.2024
08.10.2024
(papers were at department and not yet
received till 24.10.2024 considering ensuing
Diwali Holidays typed without matter( Bail
Application)
24.10.2024
.10.2024
BA 788 OF 2024
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Dt. 08.10.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
08.10.2024
Mrs. R. R. Hate
Name of the Judge
HHJ Shri N.G. SHUKLA
Date of Pronouncement of
judgment/order
08.10.2024
Judgment and order signed by 05.11.2024
P.O.
Judgment/order uploaded on
05.11.2024
(papers were at department
and not yet received
till
24.10.2024
considering
ensuing Diwali Holidays typed
without
matter(
Bail
Application)