Niraj Tirthkumar Navlani v. The State Of Maharashtra

2026:BHC-AUG:1103 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.2143 OF 2025 Niraj Tirthkumar Navlani ... APPLICANT

VERSUS

The State of Maharashtra ... RESPONDENT .......

Mr. A.A. Fulfagar, Advocate for applicant Mr. S.D. Ghayal, A.P.P. for respondent - State .......

CORAM : SACHIN S. DESHMUKH, J.

DATE : 13th JANUARY, 2026 PER COURT :

1.

By this application, the applicant seeks his release on regular bail in connection with Crime No.06/2024, registered with Dharashiv Cyber Police Station, District Dharashiv for the offences punishable under Section 420 of the Indian Penal Code and Sections 66(C) and 66(D) of the Information Technology Act. 2.

The prosecution case is that, the informant was added in one Whatsapp group and he was called upon to buy certain shares. Therefore, he deposited certain amount through RTGS

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from his bank account. After initial transactions one person namely Diya has shared one Whatsapp number and profit from the transaction was shown on the said app. The informant also earned and withdrew some amount, however, later on, when he kept on depositing amounts after certain transactions, the person on Whatsapp number stopped responding him and his amount was not withdrawn. Therefore, the informant lodged the report. 3.

Learned counsel for the applicant submits that, the applicant has been arrested on 13/10/2025 and since then he is custody. There is no recovery at the instance of the present applicant. The investigation of the crime is complete and there is nothing to be recovered at the instance of the applicant. It is further submitted that, the co-accused is released on bail by this Court. Moreover, the applicant is also released on bail in relation to the same incident registered at Pimpri Chinchwad Cyber Police Station. Hence, prayed to allow the application. 4.

Learned A.P.P. has opposed the application, submitting that the offence is serious in nature and expressed the apprehension that there is possibility of applicant fleeing away if released on bail.

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5.

Having heard the submissions of both the sides and upon perusal of record including the chargesheet indicates that, initially the F.I.R. was lodged against unknown person. The applicant came to be arrested during the investigation along with other co-accused. One of the co-accused namely Shalin has been released on bail by this Court in Bail Application No.314/2025, vide order dated 21/3/2025. As such, on the ground of parity also the applicant deserves to be released on bail.

6.

The record further indicates that, in respect of same offence, another crime against the applicant was registered at Pimpri Chinchwad Cyber Police Station. In the said case, the applicant is already enlarged on bail.

7.

Nevertheless, the investigation is complete for all intents and purposes and considering the number of witnesses which the prosecution is likely to examine during the course of trial, the trial is unlikely to conclude within a reasonable period. Therefore, in my considered opinion, indefinite incarceration of the applicant is unjustified. Thus, the application warrants consideration, and accordingly, the discretion deserves to be exercised in favour of the applicant. Hence the order :

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O R D E R

(i) Bail Application is allowed.

(ii) The applicant Niraj Tirthkumar Navlani be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount in the above crime, on the conditions that :

(a) The applicant shall not tamper with the prosecution witnesses.

(b) The applicant shall remain present on each date, unless exempted by the trial Court.

(iii) Needless to state that, the observations rendered herein are confined to the present application, and the trial Court shall not be influenced by the same.

(SACHIN S. DESHMUKH, J.) fmp/-