In a bail application filed before the Sessions Court, Greater Bombay, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to seek regular bail in a matter for offence punishable under Sections 61, 318(4), 319(2), and 238 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 66(C) and 66(D) of the Information Technology Act, 2000 (IT Act), a Bench of Additional Sessions Judge Amit Anant Laulkar granted bail to the applicant.
From 12-04-2025 to 15-04-2025, the informant received messages and calls from a person who claimed to be the company’s director. The dummy person instructed the informant to transfer Rs. 1,93,06,000/- from the company bank account maintained with the State Bank of India. Thereafter, the informant and other officials became aware of the fraud, and a complaint was registered. Amid the investigation, the applicant was arrested, interrogated, and then remanded to MCR.
The Court noted that the Supreme Court had set out the considerations on which discretion under Section 439 of the Code of Criminal Procedure, 1973 (CrPC), must be exercised in granting bail. It was stated that, except for the offence under Section 318(4) of BNS, all other offences alleged were bailable, triable by the Magistrate’s court, and compoundable in nature.
Considering the Final Report on record as well as the investigation, the Court stated that the investigation regarding the applicant was complete in all respects. The Court noted that, apparently, the applicant was not a direct beneficiary of the monetary transaction and that no amount was recovered from him.
Further, it was noted that the applicant’s sole role was to book hotel rooms in Mumbai and to hand over the bank account kits and SIM cards linked to the accounts to the individuals. It was also noted that the co-accused persons had been enlarged on bail and that, since the investigation was complete, the applicant’s custody was not required.
The Court stated that merely because other accused persons could not be traced out, the liberty of the applicant could not be restricted, and opined that the applicant’s presence could be secured for facing trial. Reference was made to various cases, and it was held that the application should be allowed with certain restrictions.
Thus, bail was granted to the applicant on a personal bond of Rs. 30,000/-, with one or two sureties, subject to the fulfilment of the terms and conditions. The Court imposed the condition that the applicant would not make any inducements, threats, or dissuade any person related to the case. Other conditions included that the applicant must attend all dates of the trial, refrain from any illegal activity, be present at the Cyber Police Station on the first Thursday of each month, surrender his passport, refrain from leaving India, and submit his residential address and contact details.
While disposing of the application, the Court granted the provisional cash bail of Rs. 20,000/- in lieu of surety for six weeks.
Appearances:
For Applicant – Mr. Shirish Desai
For Respondent – Mr. Abhijit Gondwal (APP)
