Bombay High Court
Ananya Chandan Singh vs The State Of Maharashtra on 25 June, 2019
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1338 OF 2019
Ananya Chandan Singh ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr.Adwait Bhonde i/b Ms.A.A.Dange, for the Applicant.
Mr.P.H.Gaikwad, A.P.P for the Respondent - State.
Original Complainant is present in Court.
P.I. - Chandanshive, Bangur Nagar Police Station, Mumbai.
CORAM : REVATI MOHITE DERE, J.
DATE : 25th JUNE, 2019
P.C. :
1. Heard learned Counsel for the applicant.
2. By this application, the applicant seeks pre-arrest bail in
connection with C.R. No.163 of 2019, registered with the Bangur Nagar
Police Station, Mumbai, for the alleged offences punishable under Sections
408 r/w 34 of the Indian Penal Code and under Sections 43 and 66 of the
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Information Technology Act.
3. The applicant is the former employee of M/s. Karix Mobile
Private Limited ("Company") and the complainant is the Senior Manager
of the said Company. According to the complainant, the said Company was
providing services to M/s.Axis Bank Limited, and that the services
included sending OTP, Coupon Codes, Voucher Promotions through E-mail
and/or mobile messaging. The complainant has alleged that on 14 th
February, 2019, the Company received an E-mail from M/s.Axis Bank
Limited stating that the Digital Coupons/Vouchers sponsored by
BookMyShow.com, which were meant to be distributed by the Company
only to the customers of M/s.Axis Bank Limited were being distributed by
the Company to the non-customers of M/s.Axis Bank Limited, without any
authorization from the Bank. The value of the said vouchers, which were
distributed among the non-members of M/s.Axis Bank Limited, was about
13 lakhs. On receipt of the information from M/s.Axis Bank Limited, the
Company set up an enquiry committee and found that the applicant, who
was working as a Campaign Specialist in the Company, was responsible
for transferring the said coupons/vouchers to persons other than the
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customers of M/s.Axis Bank Limited. It is alleged by the complainant that
the applicant during the period 29th January, 2019 to 13th February, 2019,
without any authorization had distributed, through E-mail the
coupons/vouchers meant for the bank customers to her friends and family
and money was received by the applicant in her Salary Account with the
Kotak Mahindra Bank, Paytm Account and Google Pay Account.
4. Learned Counsel for the applicant states that the applicant is
ready to produce all bank statements as well as is ready to give details of
all her accounts i.e. her Salary Account with the Kotak Mahindra Bank,
Paytm Account and Google Pay Account and personal accounts in
whichever banks, she has accounts, to the Investigating Officer.
5. Learned APP states that investigation is in progress.
6. At this stage, the custodial interrogation of the applicant is not
necessary. Considering the aforesaid, in the meantime, till the next date,
the applicant is granted interim protection on the following terms and
conditions :-
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ORDER
(i) In the event of the arrest, the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.25,000/-, with one or two sureties in the like amount ;
(ii) The applicant shall report to the Investigating Officer of the concerned Police Station, on 2nd July, 2019, 3rd July, 2019 and 4th July, 2019, between 10.00 a.m. to 1.00 p.m. and thereafter as and when called for, till the next date;
(iii) The applicant to produce all bank statements as well as details of all her accounts i.e. her Salary Account with the Kotak Mahindra Bank, Paytm Account and Google Pay Account and personal accounts in whichever banks, she has accounts, before the Investigating Officer;
(iv) The applicant shall forthwith deposit her passport, if any, with the Investigating Officer.
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5/5 911-aba.1338.2019.doc 7. Stand over to 9th July, 2019. To be listed on the Supplementary Board.
8. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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