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B.A.914/24
MHCC020058482024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.914 OF 2024
Vinay Prakash Mishra
Age : 27 years, Residing at H-8,
Pashupati Nath Dubey Chawl,
Gaodevi Road, Poisar, Kandivali (E),
Near Durga Temple, Mumbai 400101.

… Applicant
– Versus The State of Maharashtra
(At the instance of Cyber Police Station
Central Division, Mumbai vide CR. No.4/2024
… Respondent
Appearance :Advocate Rohan Sawant for the applicant.
APP Hire for the respondent / State
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 18/04/2024
ORDER
This is bail application by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.4/2024 registered with Cyber Police Station Central Division,
Mumbai for the commission of offences punishable u/sec.419, 420, 467,
468, 471, 120-B of the Indian Penal Code, 1860 and Section 66(D) of
the Information Technology Act, 2000
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2.

B.A.914/24
It is the contention of the applicant / accused that he is
innocent and falsely implicated in the present case. The accused is
arrested on 15.03.2024. He has undergone custodial interrogation. The
applicant / accused has no criminal antecedent. The applicant / accused
was arrested only on mere suspicion. Investigation is completed.
Therefore, there is no point in keeping accused behind bars. He is
permanent resident of his given address therefore applicant / accused
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 on the collection of evidence. If the
accused is released on bail there are chances of flee away from justice.
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, ld. APP for the respondent / State.
5.

I have gone through the documents on record. It is the case
of the prosecution that one Miss Kawaljit Surendrasingh Kaur lodged
report stating that on 20.04.2023 she received WhatsApp message from
unknown person. Said person induced her to subscribe You-tube
channel. Said person also offered commission for the completed online
task. She also received link on telegram. She received certain
commission for the work done. Thereafter she was induced to invest the
amount to receive good returns. At last she was duped for
Rs.50,41,597/- therefore, FIR is lodged and investigation proceeded.

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6.

B.A.914/24
During the course of investigation it was revealed that
amount of Rs.5 lakhs has been credited in the bank account with YES
Bank. Said bank account is of accused Pooja Bandwar. Said Pooja
Bandwar was found with the applicant Vinay Mishra. It is the case of
the prosecution that the present applicant was found with accused Pooja
Bandwar and in his mobile, police found certain photographs in which
the applicant was seen with the bundle of currency notes. The police
suspect that the said amount must be the amount of fraud of this
offence. The role attributed to the present applicant / accused is only
about these photographs. The prosecution has no other material which
will connect the applicant with accused Pooja Bandwar. There is only
allegation that the applicant was found in the house alongwith said
Pooja Bandwar. The present applicant / accused has been arrested on
15.03.2024. His mobile handset is already recovered. The amount of
fraud was credited in the account of Pooja Bandwar. She is already
arrested. The role of the present applicant is based on mere suspicion.
Hence, in my view the applicant is entitled to be released on bail. In the
result, I pass the following order :
ORDER
1.

Criminal Bail Application No.914 of 2024 is allowed.

2.

The Applicant / Accused Vinay Prakash Mishra arrested in
C.R.No.4/2024 under Section 419, 420, 467, 468, 471, 120-B of the
Indian Penal Code, 1860 and Section 66(D) of the Information
Technology Act, 2000 registered with Cyber Police Station, Central
Division, Mumbai be released on bail on furnishing P.B. and S.B. of
Rs.25,000/- with one or two sureties.

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3.

B.A.914/24
The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant / accused shall attend the concern police station on
2nd 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.

Date : 18/04/2024
Dictated on
Transcribe on
Signed by HHJ on
: 18.04.2024
: 19.04.2024
: 20.04.2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.914/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
20/04/2024
5.37 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 18/04/2024
ORDER signed by P.O. on
20/04/2024
ORDER uploaded on
20/04/2024