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B.A.423/24
MHCC020028712024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.423 OF 2024
Sunil Ramlalji Khatik
Railway Fatak Ke Pass,
Gangrar, Chittorgarh,
(Rajasthan) 312 901.

….Applicant
– Versus –
The State of Maharashtra
(At the instance of North Region
Cyber Police Station Mumbai
C.R.No.73/2023)
.… Respondent
Appearance :Adv. Lalit Mali for the Applicant/ accused.
APP Iqbal Solkar for the respondent present.

CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 01/03/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection
with C.R. No.73/2023 registered at North Region Cyber Police
Station Mumbai for the commission of offences punishable u/sec.

419, 420, 645, 467, 468, 471, 120(B) of The Indian Penal Code and
Section 66(C), 66(D) of the Information Technology Act.

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2.

B.A.423/24
It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The applicant is in custody
since 08.01.2024, he has fully co-operated to the investigating officer.
He has undergone custodial interrogation. Nothing is to be seized or
recovered from the possession of the accused. The applicant / accused is
permanent resident of his given address. Therefore, there is no point in
keeping accused behind bars till conclusion of trial. Therefore he prayed
for releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused is
released on bail it will affect the collection of evidence. There is
material against the applicant / accused. If accused is released on bail
he will flee away from the justice. There is material evidence to show
the involvement of the accused in the present crime. If the accused is
released on bail there are chances of threatening of prosecution
witnesses and tampering of prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant, and ld. APP for the State.
5.

It is the case of the prosecution that the informant Saminini
Naidu lodged report alleging that during the period from 23.05.2023 to
29.05.2023 unknown person sent whats app message to her introducing
herself as a person from Genesis BCW Limited. She offered part time job
to give likes and review to you-tube videos and to receive commission
for the same. The informant was induced to deposit certain amounts for
receiving the benefit and at last she was duped for Rs.13,60,000/-. It is
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B.A.423/24
also alleged that during the period from 29.05.2023 to 06.06.2023, she
was induced to invest the amount in Bit Coin account trading and she
was duped for amount of Rs.5,10,000/-. Accordingly, the report was
lodged and offence is registered.
6.

During the investigation it was revealed that from the
account of Mr. Saminini Naidu amounts were credited to several bank
accounts. The role attributed to the present applicant / accused is that
his mobile handset was used by inserting the Sim Card which was
connected with the bank account, which was used to credit the amount
of fraud. The Investigating Officer was specifically heard on the point of
recovery. He submitted that no recovery is pending from the accused.
The mobile handset of the accused in which images of PAN card, Adhar
Card were found is already recovered. The role of co-accused
Mangalsingh is major than the role attributed to the present accused.
Mangalsingh is already released on bail vide order dated 15.02.2024
passed in Bail Application No.228 of 2024 therefore, on the ground of
parity this accused is entitled for the bail. Hence, I pass the following
order :
ORDER
1.

Criminal Bail Application No.423 of 2024 is allowed.

2.

The Applicant / Accused Sunil Ramlalji Khatik, arrested in
C.R.No.73/2023 under Section 419, 420, 465, 467, 468, 471, 120(B) of
The Indian Penal Code and Section 66(C), 66(D) of the Information
Technology Act, 2000, registered with North Region Cyber Police
Station Mumbai be released on bail on furnishing P.B. and S.B. of
Rs.25,000/- with one or two sureties.
3.

The applicant / accused shall not tamper with the prosecution
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B.A.423/24
witnesses and evidence in any manner.
4.

The applicant / accused shall regularly attend the concern police
station on 1st and 4th Saturday of every month between 11.00 a.m. to
2.00 p.m. till filing of the charge sheet.
5.

Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6.

The applicant / accused shall not leave India without prior
permission of the Court.
7.

Bail before the concern Magistrate.

8.

Criminal Bail Application No.423 of 2024 is disposed of
accordingly.
Date : 01/03/2024
Dictated on
Transcribe on
Signed by HHJ on
: 01/03/2024
: 02/03/2024
: 05/03/2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.423/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
05/03/2024
5.40 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 01/03/2024
ORDER signed by P.O. on
05/03/2024
ORDER uploaded on
05/03/2024