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B.A. 958/24
MHCC020060632024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.958 OF 2024
Vishal Rajnath Yadav
Aged – 29 years, Occ – Service,
Residing at A/05, Ground floor,
Shivam Apartment, Near G.D. High
School, Alkapuri, Nalasopara (E),
Vasai, Dist – Palghar, Maharashtra 400209.

….Applicant
– Versus The State of Maharashtra
(At the instance of Cyber Police Station,
North Region vide C.R.No.40/2024)
.… Respondent
Appearance :Adv. G.C. Vishwakarma / Adv Pankaj Yadav for the Applicant/accused.
APP Iqbal Solkar for the State.

CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 29/04/2024
ORDER
This is an application filed by the accused u/sec.439 of The
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.40/2024 registered with Cyber Police Station, North Region,
Mumbai for the commission of offences punishable u/sec. 419, 420,
465, 467, 468, 471, 120-B of The Indian Penal Code and Section 66 (C),
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B.A. 958/24
66(D) of the Information Technology Act, 2000.
2.

It is the contention of the applicant / accused that he is
innocent and falsely implicated in the present case. The accused is
arrested on 10.03.2024. The applicant / accused submits that he has
undergone custodial interrogation. The investigation is completed. The
applicant is the sole earning member in the family. There is no point in
keeping the accused behind bars till conclusion of trial. There is no
criminal antecedents against the accused. He is the permanent resident
of his given address 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 there are chances that he may 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 application, reply, documents filed
on record. It is the case of the prosecution that one Niteshkumar S.
Thakur lodged report that he approached Global Home Best Services for
the purpose of obtaining premises on rent and to let out it further on
rent. He came in contact with one Rakesh Singh. He selected one
premises accordingly on 11.10.2023. The informant transferred the
amount of deposit. During the period from 11.08.2023 to 08.02.2024,
the informant approached Mr. Rakesh Singh through no broker web site
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B.A. 958/24
and came in contact with Shubham Mishra and deposited certain
amount for obtaining premises on rent. It is alleged that the accused
duped the informant for the tune of Rs.22,31,000/-. It was revealed that
there is no such estate agent namely Shubham Mishra. During the
investigation it was revealed that the applicant is also involved in the
said offence. The amount deposited or transferred by the informant has
been withdrawn by the accused No.1 Hawshila @ Shiva Shivkumar
Shukla alongwith co-accused Rakesh Singh @ Shubham Mishra, Rakesh
Mandal,, Krishna Vishwakarma, Manish @ Upadhyay. The amount was
also credited in the account of accused Yogesh Kharwat. It is alleged
that the applicant at the instance of co-accused offered the premises on
rent and induced the informant to deposit the amount. The accused has
criminal antecedents. Such type of offences are registered against him.
He has been arrested on 10.03.2024. The investigation in the offence is
in progress. Recovery is pending. If the accused is released on bail at
this stage, it will hamper the investigation. Other accused are yet to be
arrested. Considering the facts on record, I am of the view that at this
stage the applicant is not entitled to be released on bail. Hence, I pass
the following order :
ORDER
Criminal Bail Application No.958 of 2024 is rejected and disposed off
accordingly.
Date : 29/04/2024
Dictated on
Transcribed on
Signed by HHJ on
: 29.04.2024
: 02.05.2024
: 03.05.2024
RAJESH
ANIRUDDHA
SASNE
Digitally signed by
RAJESH
ANIRUDDHA
SASNE
Date: 2024.05.04
16:22:48 +0530
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.

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B.A. 958/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
04/05/2024
2.44 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri. R.A.
Room No.)
Sasne, Court Room No. 30.
Date of Pronouncement of ORDER 29/04/2024
ORDER signed by P.O. on
04/05/2024
ORDER uploaded on
04/05/2024