Applicant sought anticipatory bail in a cheating FIR alleging he took Rs.13,71,000 by promising business opportunities using edited photographs with ministers, then uploaded a defamatory video. The court found prima facie involvement, noted criminal antecedents, held custody necessary, and rejected the application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Digitally signed by CHITRA CHITRA SANJAYSONAWANE SANJAYSONAWANE Date:2024.11.22 02:50:18 Chitra Sonawane. 23.aba2348-24.docx+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No. 2348 of 2024
Vishal Vinod Goswami Aged 29 years, Indian Inhabitant, Occ.: Business, (Residing at Flat No.001, B/65, Ground Floor, Sector 5, Garuda Shanti Nagar, Mira Road, Thane - 401 107, Maharashtra)
… Applicant
versus
Age 53 years, Occ: Business, 1402/B/Wing, Antariksh Society, Kanakia Road, Mira Road (East), Thane
… Respondents
With
Interim Application No.3646 of 2024
In
Anticipatory Bail Application No. 2348 of 2024
Ashraf Iqbal Khan Age 53 years, Occ: Business, R/at: 1402/B/Wing, Antariksh Society,
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Kanakia Road, Mira Road (East), Thane
... Applicant/ Intervener
In the matter between Vishal Vinod Goswami Aged 46 years, Occ.: Service, Residing at Mira Road East, Thane - 401107, Maharashtra
… Applicant
versus
The State of Maharashtra Through Mira Road Police Station Navi Mumbai … Respondent
Mr Shadab Khopekar, for the applicant. Mr Yogesh Y Dabke, APP, for respondent No.1/ State. Mr Vivek B Rane, for respondent No.2/ intervenor. API Ramkrishna Bodake, Mira Road Police Station, is present.
Coram: R.N. Laddha, J. Date: 21 November 2024.
P.C.:
By this application, the applicant seeks pre-arrest bail in connection with CR No.218 of 2024, registered at Mira Road Police Station, Thane, for the offences punishable under Sections 406, 420 and 500 of the Indian Penal Code.
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Sols Strings Event Management. In October 2019, the applicant approached the informant to collaborate and assist him in securing private and government events by pretending to be well-connected with ministers. In 2020, the applicant repeatedly urged the informant to pay Rs.13,71,000/- to obtain these business opportunities. Despite the applicant's repeated demands and assurances, the informant did not secure any event, and the applicant returned Rs.3,19,110/-. In February 2021, in the ongoing inquiry in another CR, the informant learnt that the applicant, by editing photographs with ministers, defrauded and cheated him. It is alleged that when confronted, the applicant uploaded a defamatory video on YouTube and filed a false complaint against the informant. These events led to the filing of the FIR.
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Prosecutor representing respondent No.1/State and Mr Vivek Rane, the learned Counsel appearing for respondent No.2/ intervenor, jointly oppose the applicant’s request for pre-arrest bail and contend that the offence is serious. The learned APP further argues that the applicant lured the informant from the beginning into paying Rs.13,71,000/- intending to cheat by presenting the edited photographs. Mr Dabke, referring to the bank statements, submits that the applicant received the funds and benefited from it. The applicant has similar criminal antecedents, and his custody is required to ascertain the origin of the edited photographs.
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Rs.13,71,000/- from the informant through banking channels and refunded Rs.3,19,110/-, but did not return the balance amount. The material on record prima facie indicates the applicant’s involvement in the present crime. Additionally, the applicant has criminal antecedents, and the possibility of other victims in similar circumstances cannot be ruled out. The applicant’s custody is considered necessary to identify those involved in editing the alleged photographs and to fully uncover the alleged fraud.
(R.N. Laddha, J.)
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2 issues framed by the court
Whether pre-arrest bail should be granted to the applicant accused of cheating the informant of Rs.13,71,000 using edited photographs of ministers.
Whether the applicant's custody is necessary to investigate the alleged fraud and identify those involved in editing photographs.
2 provisions across 1 enactments
Vishal Vinod Goswami
The State of Maharashtra
Ashraf Iqbal Khan
R.N. Laddha
As recorded by the court registry
7 orders share this CNR
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