Manjit Kumar Alias Manji Kumar Somnath v. The State Of Maharashtra And Another

2025:BHC-AUG:35427 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1679 OF 2025 MANJIT KUMAR ALIAS MANJI KUMAR SOMNATH

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER *** Advocate for Applicant : Mr. S. J. Salunke APP for Respondents-State : Mr. S. M. Ganachari *** CORAM : SACHIN S. DESHMUKH, J.

Date : 9th December, 2025 ORDER :- 1.

The applicant has approached this Court seeking regular bail in connection with FIR dated 17.04.2025 bearing Crime No. 8 of 2025 registered with Dharashiv Cyber Police Station, for the offences punishable under Sections 318(4) of Bharatiya Nyaya Sanhita, 2023 alongwith Section 66(c) and 66(d) of Information and Technology Act, 2000.

2.

The assertion in the FIR is that on 15.04.2025, a WhatsApp message was received on the informant's mobile number. Thereafter, in response to the same, the informant then transferred an amount of Rs 1,00,00,000/- to the account of MK Enterprises via RTGS. The said amount was thus transferred by the informant into that account, which was later revealed to be the

-2result of a deception and a cause of cheating. Resultantly, the FIR was lodged.

3.

The learned counsel for the applicant submits that necessary documents were recovered after the arrest was effected, and the applicant has been falsely implicated in the offence. The alleged offences are triable by the Judicial Magistrate First Class Court. As the investigation is complete and the charge sheet has been filed, further incarceration of the applicant is not necessary. Hence, it is prayed that the application be allowed. 4.

The learned APP has opposed the application and submitted that the crime is serious in nature and there is sufficient material on record to establish the complicity of the applicants. Hence, it is prayed that the application be rejected. 5.

Considering the submissions of both sides and a perusal of the record, it is a matter of record that, in relation to the incident, WhatsApp messages were exchanged by a person posing as the Chairman, which resulted in the transfer of an amount into the applicant's account. This eventually was found to be a case of cheating. As such, the FIR was registered.

-36.

In connection with the same, the applicant was arrested on 18.04.2025. It is thereafter alleged that the accused persons, including the present applicant in whose account the informant transferred the money, and the other accused assisted in receiving the amount.

7.

Admittedly, the alleged offences are triable by the learned JMFC Court. The other co-accused were enlarged on bail by a Coordinate Bench of this Court in Bail Application No. 951 of 2025. The investigation of the case is complete, and the charge sheet has been filed. Moreover, nothing remains to be recovered at the instance of the present applicants. The offences are also triable by the JMFC Court and maximum punishment would be 7 years only.

8.

Considering that the necessary documents were already collected during the course of the investigation and that the other co-accused have also been enlarged on bail. No fruitful purpose would be served by keeping the applicant behind bars. Hence, the applicant deserves to be enlarged on bail by imposing stringent conditions. Hence, the following order: :-

ORDER

(I) Application is allowed.

-4- (II) Applicant - Manjit Kumar @ Manji Kumar Somnath be released on regular bail on furnishing P.R. bond of Rs. 50,000/- (Fifty Thousand Only) with one or two local solvent sureties in the like amount, in Crime No. 8 of 2025 registered with Dharashiv Cyber Police Station, for the offences punishable under Sections 318(4) of Bharatiya Nyaya Sanhita, 2023 alongwith Section 66(c) and 66(d) of Information and Technology Act, 2000, on the following conditions :- (a) The applicants shall attend each and every date of the Trial Court unless exempted by the Trial Court. (b) The applicants shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.

(c) The applicants shall submit his Aadhar and Pan Card to the Investigation Officer and detailed addresses and phone numbers of applicant and two of the near relatives.

(d) Breach of any of the conditions by the applicants would entail the cancellation of the bail.

(iii) Needless to states that the observations rendered herein are to the extent of this application and the trial court shall not be influenced by the same. (SACHIN S. DESHMUKH, J.) Omkar Joshi