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Bombay High CourtBA/1407/2017bail rejected

Rahul Sinha @ Tanmay Rajbihari Goswami v. The State Of Maharashtra

2017-11-06Hon'Ble Shri Justice A.M. Badar4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1407 OF 2017 Mr.Rahul Sinha @ Tanmay Rajbihari Goswami ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Mr.S.S.Butala, Advocate for the Applicant.

Mr.A.D.Kamkhedkar, APP for the Respondent/State. Mr.Avhad, IO, API, Vartaknagar Police Station is present in person. ....

CORAM : A.M.BADAR J.

DATED : 6th NOVEMBER 2017.

P.C. :

The applicant/accused in Crime No.I-254 of 2016 registered with Vartaknagar Police Station for offences punishable under Sections 420 and 406 of the Indian Penal Code as well as Section 66(c) of the Information Technology Act at the instance of Rangana Sushilkumar Vishwas, by this application, is seeking his release on bail during pendency of the trial. The learned Advocate appearing for the applicant submits that the applicant is having three antecedents and he 1/4

himself has advised the applicant to return the amount of Rs.1,68,000/- to the First Informant Rangana. With this, the learned Advocate prayed that the applicant who is languishing in jail since long be released on bail during pendency of the trial. The learned Additional Public Prosecutor opposed the application by contending that apart from this crime, in all three crimes of similar nature are registered against the present applicant and, therefore, he is not entitled to be released on bail. I have carefully considered the rival submissions and also perused the entire charge-sheet.

In the instant case, Rangana Sushilkumar Vishwas was in search of matrimonial alliance. From social website shadi.com, she came to be acquainted with the present applicant. The applicant informed her that he is serving as the Deputy Commissioner in Indian Revenue Services, but as his job is confidential in nature, he is not in a position to show document of his identity to her. The applicant developed intimacy with said Rangana Sushilkumar Vishwas. Then, the couple decided to marry in December 2016. By developing this trust in the First Informant, the applicant extracted an amount of Rs.1,00,000/- from her for purchasing house and subsequently, an amount of Rs.68,000/- for purchasing a car. Subsequently, the First Informant got a 2/4

telephonic call from a lady named Rita Ghosh. Said Rita informed the First Informant Rangana Sushilkumar Vishwas that she is wife of the present applicant. Said Rita also informed the First Informant Rangana Sushilkumar Vishwas that in a similar manner, the applicant has also cheated a lady named Aliza Sen from Hyderabad, Andhra Pradesh.

It is seen that by adopting similar modus operandi, the applicant has cheated at least three other women, who are aspiring for marriage and settling in life by selecting a appropriate bridegroom. Statement of Rangana Sushilkumar Vishwas shows that by adopting similar modus operandi, the applicant developed intimacy with her and extracted amount of Rs.1,68,000/- for purchasing a flat as well as a car. Statement of Arpita Mandal reveals that with a similar modus operandi, the applicant has extracted an amount of Rs.12,00,000/- from her and subsequently, further amount of Rs.1,00,000/-. Statement of Arpita Mandal further shows that she as well as her family members are cheated by an amount of Rs.32,20,000/- by the present applicant.

Papers of investigation goes to show that applicant is alluring unmarried or divorcee female by emotionally exploiting them and then he is looting them by impersonating himself as high-ranking officer in Indian Revenue Service. This is being done by promising to marry them.

future. Victims of this crime are helpless women, who are aspiring for marriage and settling in the life. The crime in question is antisocial in nature and, therefore, the Order : (i) The application is rejected.

(A.M.BADAR J.) 4/4