1

IN THE HON’BLE LEARNED MAGISTRATE COURT OF BANDRA

AT MUMBAI
IN
BAIL APPLICATION NO. OF 2021
IN
CR NO 68 OF 2020
MAHIM POLICE STATION

HEMAL JAGDISH MEHTA ..APPLICANT

V/s
THE STATE OF MAHARASHTRA ..RESPONDENT

INDEX
Sr Exh Particulars Date Page
No
01 Synopsis .08.2020
02 Memo of Criminal .08.2020
Application
03 A A Copy of Remand in C.R. .07.2021
No.68 of 2020 registered
with Mahim Police Station.
04. B A copy of the Election Card
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IN THE HON’BLE LEARNED MAGISTRATE COURT OF BANDRA

AT MUMBAI
IN
BAIL APPLICATION NO. OF 2021
IN
CR NO 68 OF 2020
MAHIM POLICE STATION

HEMAL JAGDISH MEHTA …..APPLICANT

V/s
THE STATE OF MAHARASHTRA ..RESPONDENT

SYNOPSIS
The Applicant requests this Hon’ble Court to kindly enlarge him on
bail, in the event of his arrest, in C.R No.68 of 2020 registered with
Mahim Police Staton.
CHRONOLOGY OF DATES AND EVENTS
Sr Date Events
01 The Applicant runs a travel agency by the

name of TRAVEL CHANNEL 4U situated at

Ghatkopar.
02 The Applicant has a flourishing business and

has clients from various fields. The

Complainant and the company for which she

worked were also clients of the Applicant.

03 01.03.2020 On the basis of a false complaint lodged by

Mrs. Nikki Bhagnari, a CR No.68 of 2020

came to be registered at Mahim Police Station

against the Applicant for commission of

offences punishable under sections 406 and

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420 of Indian Penal Code, 1860

04 The Applicant seeking Anticipatory Bail vide

Anticipatory Bail Application No.822 of 2O2O

sought before the Hon’ble Sessions Court,

Mumbai came to be rejected

05 .08.2020 Hence the present Criminal Application is filed

for anticipatory bail

GROUNDS TO BE URGED
As raised in the Criminal Application

ACT AND RULES

Indian Penal Code
Criminal Procedure Code, 1973

CASE LAWS CITED

At present Nil

Place : Mumbai
Date : .07.2021 Advocate for Applicant

IN THE HON’BLE LEARNED MAGISTRATE COURT OF BANDRA

AT MUMBAI
IN
BAIL APPLICATION NO. OF 2021
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IN
CR NO 68 OF 2020
MAHIM POLICE STATION

HEMAL JAGDISH MEHTA )

Indian inhabitant )
Residing at Plot No.94 Vaishavani(a) )
Dr.Keshav Hegadevar Marg )
Garodiya Nagar Ghatkopar East, )
Mumbai-400077 )...APPLICANT

V/s

THE STATE OF MAHARASHTRA )

At the instance of Sr. Inspector of Police, )
Mahim Police Station vide their )
C.R No.68 of 2020 )..RESPONDENT

TO
THE HON’BLE CHIEF JUSTICE AND
THE OTHER HON’BLE JUDGES OF
THIS HON’BLE COURT AT BOMBAY

Humble application of the Applicant

above named for grant of bail under
Section 437 of Cr.P.C 1973

MOST RESPECTFULLY SHOWETH

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1. That the above named applicant is a businessman and was

running a travel agency by the name of TRAVEL CHANNEL FOR
YOU, residing at the address mentioned hereinabove with his
family.
2. That the above named applicant came to be arrested by the officers
of Mahim Police Station on the 23rd July 2021 which came
registered bearing C.R. No. 68/2020 for offences punishable
under sections 406 and 420 of Indian Penal Code, 1860.
3. That the above named Applicant came to be produced front of this
Hon’ble Court and this Hon’ble Court was pleased to grant the
applicant judicial custody on 30th July 2021.

4. The brief facts of the prosecution’s case as revealed from the copy
of the F.I.R. are as under stated by the Complainant Mrs . Niki
Mohit Bhagnari.:-

a) “ I had lodged a complaint against Mr. Hemal Mehta of

Mahim Police Station in connection with the inquiry into the
complaint, Mahim police, replied, "I used to book air tickets
online for trips abroad with my family, but my friend
Shaun Gomes introduced me to Hemal Mehta. Residing at
Pantnagar, Ghatkopar East, Mumbai is a travel agent who
sells tickets at a lower rate than online but he told me that
he has to pay in cash and he gave me his card. Hemal
Mehta's office called 'Travel Channel for You' was located
at Shop No. 70, Ground Floor, City Mall, Andheri West .

b) Since my daughter Shreya, my parents and I wanted to

travel to Spain in May 2019, I contacted Hemal Mehta and
asked him to book a ticket for Spain. He booked a ticket for
the four of us on 19/03/2019. . On 20/03/2019, when
Hemal Mehta came to my office action building, ground
floor, office no. / - and Rs. 1,62,500 / - to his Axis Bank
Account C915010035208141 Branch - Lokhandwala
online and paid Rs. 1,97,500 / - in cash.

c) Nishant Dinesh Rao, son of Mr. Dinesh Rao, owner of

Dinesh Associates, where I am employed, wanted to travel
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from Mumbai - Amsterdam on 23/07/2019 and his

girlfriend Dhriti on 15/07/2019 from Mumbai -
Amsterdam. On 07/09/2019, as both of them wanted to
travel back to Amsterdam, Mumbai, Dinesh Rao asked me
to book their tickets. When I asked Hemal Mehta to book
his ticket, he booked the ticket and sent it through
WhatsApp. When Hemal came to my office on
15/04/2019 to pay for the ticket, I transferred Rs.
1,42,500 / - of his daily ticket to his account online and
paid Rs. 88,000 / - of the ticket in cash.

d) On 26/04/2019, when I asked Hemal Mehta to cancel my

parents' ticket to Spain, he cancelled the ticket and said
that the ticket would be refunded within 15 days.

e) On 16/05/2019, Hemal Mehta told me that he was getting

Emirates Airlines vouchers from WhatsApp at a lower
price. When I informed Dinesh Rao about the vouchers, he
told me to stop. On 17/05/2019, Dinesh Rao asked me to
book his friend Arvind Patil's Mumbai-Toronto flight on
21/06/2019 and Toronto-Mumbai flight on 03/07/2019.
When Mehta was asked to book a ticket, he said it would
cost Rs. 2,05,000 / -. When he asked me to transfer the
money, I told Arvind Patil to give his ticket money to Hemal
Shah. He transferred Rs. 2,05,000/- from his Bank of
Maharashtra, Branch - TH Kataria, Mahim, Mumbai 16 to
Hemal Mehta's account.

f) On 18/05/2019, Dinesh Rao asked me to get 06 vouchers

from Hemal. So when I asked Hemla Mehta to give me 04
vouchers from UK and 02 vouchers from US, he told me
that 06 vouchers would cost Rs. 500,000 / - and I
transferred it to Rs. . When I asked him about the
voucher, he said he would stamp it. When I asked him
repeatedly about the voucher, he refused to give the
voucher.

g) On 19/05/2019, when my sister Sonia Jain asked me to

book her ticket for her and her daughter to go to US in July
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2019, I told Hemal Mehta. He said that the ticket would

cost Rs. 4,25,000 / -. When I asked him to book the ticket,
he said that he would have to pay for it in cash. I paid him
Rs. 4,25,000 / - in cash in my office. But he didn't give me
a ticket. On the day I asked him about the ticket he said
he would give but did not give the ticket. As my sister's
trip to USA was canceled on 20/05/2019, I asked Hemal
to cancel the ticket. He then said that he was canceling
the ticket. When I asked him about the money, he told me
that he would return it.

h) Before I left for Spain on 21/05/2019, I met Dinesh Rao he

told me to book a ticket for
Mumbai - London dated 09/07/2019,
London - Vancouver dated 17/07/2019
Los Angeles – London dated 03/08/2019
London - Mumbai dated 07/08/2019,
they asked me to book a ticket .I called Hemal Mehta and
asked him to book a ticket for Dinesh Rao. He told me that
the first ticket of British Airways would cost Rs. 4,00,000/-
When I asked Dinesh Rao to transfer the money, he
transferred Rs. 3,00,000 / - to his account and gave Rs.
1,00,000 / - in cash to Hemal

i) On 21/05/2019, I went to Spain with my daughter.

Meanwhile, on 24/05/2019, I sent a WhatsApp message
to Hemal Mehta asking him to refund my sister's ticket and
he said that he would get the money from someone else. I
returned from Spain on 01/06/2019. When I asked him
about my parents' canceled ticket, he told me why he was
trying to get his money back from Emirates Airlines .

j) On 15/07/2019, Dhruti was supposed to fly to Mumbai-

Amsterdam. Hemal had sent the ticket for this trip from
WhatsApp. She went to the Emirates site and printed the
ticket. On 14/07/201, Dhruti went to the airport at 12:00
PM. While waiting in the Emirates line for a check-in, she
was informed by Emirates officials that an agent had
canceled her ticket. When she called me and asked me, I
called Hemal and he told me that he had booked a ticket
from Akbar Travels. And Said to talk to them. But he did
not respond. Since Dhrur is at the airport and she wants
to go, I booked her Amsterdam ticket with my credit card.
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k) On 14/07/201, Dhruti went to the airport at 12:00 PM.

While waiting in the Emirates line for a check-in, she was
informed by Emirates officials that her ticket had been
canceled by an agent. When she called me and asked me,
I called Hemal and he told me that he had booked a ticket
from Akbar Travels. And Said to talk to them. But he did
not respond. Since Dhrur is at the airport and she wants
to go, I booked her Amsterdam ticket with my credit card.
On 15/07/2019, when I called and asked about the
cancellation of Akbar Travels ticket, he told me that Hemal
had canceled the ticket 2 hours in advance as Nishant and
Dhriti had not paid for their tickets. So I booked Hemel to
him. When I asked about the ticket, he understood that
he had not booked any of our tickets.

l) From that day onwards, I paid Rs. 3,25,000 / - for my

parents' ticket to Spain, Rs 2,30,5000/- for Nishant and
Druti Amstradum to tickets, Rs. 2,05,000 / - for Toronto
ticket of Mr.Arvind Patil , Rs. 500,000 / - for Dinesh Rao's
UK & US voucher, London - Vancouver - Los Angeles -
London - Mumbai etc. Rs. 4,00,000 / - for travel and Rs.
4,25,000 / - for my sister's US travel, totaling Rs.
20,85,500 / - has not been returned till date. Hemal
Mehta also booked my friend Shaun Gomes for hotel
booking in Thailand, Rohit Behel for plane and hotel
booking, Harish Tolani and his relatives for cruze in
Singapore, Vinay Amay Sur for plane ticket, Raj Bomb for
Singapore cruze and airline tickets..

5. The Applicant states that he is falsely implicated in the alleged

offence and has nothing to do with the same. The Applicant
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therefore approaches this Hon’ble Court in exercise of its

jurisdiction under Section 167 of Cr.P.C 1973 and prays for
being enlarged on bail on the following amongst other grounds,
which are urged herein below.
.GROUNDS

a) That the Applicant came to be

arrested on 23rd July 2021 and
came to be produced on 23 rd July
2021 front of this Hon’ble court
which shall be counted as the 1 st
Day of the custody. Here to
annexed and marked as EXHIBIT
A of the 1st REMAND REPORT.

b) That the Applicant states that from

the first day of the arrest which was
on 23rd July 2021 and produced on
the 31st July 2021.The end of the
month of June which come up to
the total number of 9 days.

c) That the Applicant states that in

following month August the total
number of the days which came to
calculated to the total number of
31 days.

d) That the Applicant states that on

20th September 2021 the Applicant
has completed 60 days in the
custody.
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e) That the Applicant states that the

Mahim naka Police has not filed the
chargesheet which needs to be filed
within the 60 days period with
accordance of the law.

f) That the Applicant that That the

police has been reluctant to conduct
investigation and submit its report
in time. They have not filed the
charge sheet in Court even after the
completion of statutory time period
of 60 days.

g) The accused is not related to the

above offences and he is ready to
furnish bail.

5. The Applicant craves leave of this Hon’ble Court to add, to

delete, to amend, to modify, to vary and/or to rescind any of
the grounds afore stated.

6. The Applicant has not filed any other application for bail in
this Hon’ble Court or the Hon’ble High Court of Bombay.

7. The affidavit of the Applicant be kindly dispensed with as he

is in custody.

8. The Applicant, therefore most respectfully prays that :-

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a) This Hon’ble Court be pleased to enlarge the Applicant

on statutory bail in C.R No.68 of 2020 registered with
Mahim Police Station on such terms and conditions as
this Hon’ble Court may deem just, fit and proper.

b) Such other and further orders be passed as this

Hon’ble Court may deem just, fit and proper in the
interest of justice.

And for this act of justice and kindness, the Applicant shall duty
bound ever pray.

Place : Mumbai
Date : .09.2021 Advocate for Applicant
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IN THE HIGH COURT OF

JUDICATURE AT BOMBAY

IN ITS CRIMINAL APPELLATE

JURISDICTION
CRIMINAL APPLICATION No.
OF 2020
( For Bail )
Dist : MUMBAI

HEMAL JAGDISH MEHTA

..APPLICANT
V/s
THE STATE OF MAHARASHTRA
..RESPONDENT

CRIMINAL APPLICATION (Bail)

Dated this ____ day of September,
2021

WAQAR NASIR PATHAN

Advocate for Applicant
101 Shop,Noori Baugh,
Andheri Kurla Road,
Near Airport Road Metro Station,
Andheri East
Mumbai-400059.