Satish Narahari Deshmukh v. The State Of Maharashtra And Another
2025:BHC-AUG:16066
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 919 BAIL APPLICATION NO. 951 OF 2025 SATISH NARAHARI DESHMUKH
VERSUS
THE STATE OF MAHARASHTRA & ANOTHER ...
Advocate for Applicant : Mr.S.J.Salunke APP for Respondent-State : Mr.D.J.Patil ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 25.06.2025 P.C. :
1] Heard learned counsel for the applicant and the learned APP for the respondent-State.
2] The applicant is seeking bail as he is arrested on 18.04.2025 in connection with Crime No. 0008/2025, registered with Dharashiv Cyber Police Station, Dist. Dharashiv, for the offences punishable under Sections 318 (4), 61 (1), 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and under Section 66(C), 66 (D) of the Information Technology Act, 2000.
3] It is alleged in the FIR that on 15.04.2025, the informant received message from the mobile No.7259580338 and this person said that "I am Amar Patil, this is my new whatsapp number and save it. At that time,
the whats-app number had a photo of factory Chairman and the informant thought that the Chairman of the Factory had sent this message. It is further alleged that on 16.04.2025 at about 10.16 a.m. the informant again received message from the same number and thereby some chatting happened between them. It is further alleged that on 17.04.2025 at about 9.22. a.m. the informant again received message from the said number and where the informant was asked by the accused no.1 [who had shown himself to the Chairman] to transfer Rs.1.10 crore in the account of one MK Enterprises for the project and the informant transferred the said amount. Later it was revealed that the informant was deceived and money is erroneously transferred. As such, the FIR is lodged. Thereafter, all the accused persons were arrested. It is stated that the accused no.1 has received the transferred amount of Rs.1.10 crores and other co-accused have assisted him in receiving the same.
4] As regards, the role of the present applicant is concerned, the applicant is present in the Hotel and Lodge along with other accused persons, so also, the applicant provided rental car to the other accused person. As such, the applicant is arrested on 18.04.2025 and the charge sheet is filed on 16th June, 2025.
5] The learned counsel for the applicant submits that there is no direct communication of the applicant with
the main accused, however, there is communication of the applicant with other two co-accused. He further submits that the applicant is an agriculturist and there was meeting called for the purpose of starting a project of hydroponic farming as the accused no.1 allegedly had some expertise in it. He further submits that the applicant has no concerned with the accused no.1 and the applicant is falsely implicated in the alleged crime. He further submits that the applicant has not received any benefit from any of the accused and there are no antecedents against the present applicant. 6] Per contra, the learned APP submits that the applicant was present in the Hotel and Lodge, so also, the applicant is present in the meeting of the other co-accused. 7] Considered the rival submissions. The applicant is arrested on 18.04.
2025 and since then he is in jail. Prima facie, there is no evidence as regards the applicant having received any benefit or there is no recovery at the instance of the applicant, so also, there is no evidence indicating that he had communication with the main accused at earlier point of time. The applicant is an agriculturist and there are no criminal antecedents against the present applicant. The submission of the applicant that he had meet the other accused for the purpose of getting information of hydroponic farming cannot be ruled out as he is not the beneficiary of the transferred amount.
transferred to the accused no.1 stood transferred to various accounts but not to the present applicant. Considering the said fact, the applicant is granted bail. In view of the above, the application is allowed in the following terms : a] The applicant shall be released on bail in connection with Crime No. 0008/2025, registered with Dharashiv Cyber Police Station, Dist. Dharashiv, for the offences punishable under Sections 318 (4), 61 (1), 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and under Section 66(C), 66 (D) of the Information Technology Act, 2000, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. b] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial. c] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.
d] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.
e] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change.
8] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.
9] The application stands disposed of.
[ARUN R. PEDNEKER] JUDGE DDC