BA 785 OF 2024
1
Dt. 08.10.2024
MHCC020150222024
BEFORE THE DESIGNATED COURT UNDER M. P. I. D. ACT
CITY CIVIL & SESSIONS COURT, Gr. BOMBAY.
CRIMINAL BAIL APPLICATION NO. 785 OF 2024
Stephin Tambi ( As per remand)
Stephin Thampi Maniamma
Age: 27 Years, Occu: Service
R/o Adarsh Nagar, Aarey Milk Colony.
Goregaon(E), Mumbai 400 065
( Presently lodged at Arthur Road Jail)
Applicant/Accused
No.5
Versus
The State of Maharashtra
(At the instance of DCB CID Unit12)
Respondent
Coram : HHJ SHRI N.G. SHUKLA,
(Court No. 20)
Date
: 08.10.2024
Appearance:
Ld. Adv. Akkshay Mishra alongwith Adv. Ms. Rachana Mahale for
Applicant/Accused.
Ld. APP. Ms. Chaitrali 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
Technology Act (hereinafter referred as “I.T. Act”) r/w Section 3 of
BA 785 OF 2024
2
Dt. 08.10.2024
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, accused No .1 is
proprietor and accused No.17 is manager of Dhansuvidha Finance,
Financial Establishment ( hereinafter referred as “F.E.”). Applicant is
working telicaller on commission basis in F.E. 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
BA 785 OF 2024
3
Dt. 08.10.2024
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
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, working on commission basis in the
office of F.E. Applicant made phone call 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
BA 785 OF 2024
4
Dt. 08.10.2024
and desktop computer in office of F.E. has been seized by the police.
Condition can be imposed on the applicant to attend office of DCB 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 785 of 2024 is allowed.

2.

Applicant/accused namely Stephin Thampi Maniamma 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.

BA 785 OF 2024
5.

5
Dt. 08.10.2024
Applicant/accused shall not leave India without prior permission
of this court.
6.

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

Applicant/accused shall submit proof of his residential address
and his contact mobile numbers as well as residential address and
contact mobile numbers of his two closed relatives to the investigating
officer within two weeks after his 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 785 of 2024 stands disposed of accordingly.
Digitally signed by
RASHMI RAJAN HATE
Date: 2024.11.18
14:57:35 +0530
Dt. 08.10.2024
( N.G. SHUKLA )
Designated Judge under MPID Act,
C.R.NO.20
City Civil & Sessions Court,
Gr. Bombay.

Dictated on
: 08.10.2024
Transcribed on : 08.10.2024 (papers were at department and not yet
received till 24.10.2024 considering ensuing Diwali Holidays
typed without matter( Bail Application is received from department on
11.11.2024)
Submitted on :13.11.2024
Signed on
:14.11.2024
BA 785 OF 2024
6
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 16.11.2024
P.O.
Judgment/order uploaded on
16.11.2024