Gajanan Devidas Kulsange v. State Of Maharashtra Thr Pso Warora Police Statin Tah Warora Dist Chandrapur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 747 OF 2025 Mayank A. Goyal ...Applicant V/s.

The State of Maharashtra

...Respondent.

..............

Mr. Amit Ghag a/w. Adv. Viral Babar for the Applicant. Mr. C.D. Mali, APP for the Respondent/State.

PSI V. U. Patil, Cyber Police Station present. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

07.03.2025.

P.C. :

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.358 of 2024 registered at Chinchwad Police Station, Pune for the offences punishable under Sections 205, 308(1), 316(2), 318(4), 319(2), 336(3) of the Bhartiya Nyaya Sanhita and Section 66(c) and 66(d) of the Information Technology Act.

3.

It is alleged that the applicant and other co-accused defrauded the complainant to the tune of Rs.1,08,00,000/-. 4.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

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5.

Learned counsel for the applicant submits that the applicant is a student. It is submitted that the applicant has nothing to do with the alleged crime. The learned counsel for the applicant submits that according to the prosecution, out of defrauded amount of Rs.1,08,00,000/-, Rs.9,78,148/- were transferred to the bank account of the applicant. It is submitted that the applicant without prejudice to his rights is willing to deposit the said amount.

6.

On the other hand, learned APP for the respondent/State submits that the applicant is involved in serious crime of online fraud. It is submitted that there is enough incriminating material against the applicant to connect him with the alleged crime. It is submitted that considering the nature of crime, the applicant may not be released on bail.

7.

The applicant is in jail for about 1 and 1⁄2 years. There are no other criminal antecedents. Considering the overall facts and circumstances, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in C.R. No. 358 of 2024 registered at Chinchwad Police Station, Pune for the offences punishable under Sections 205, 308(1), 316(2), 318(4), 319(2), 336(3) of the Bhartiya Nyaya Sanhita and 2/3

Section 66(c) and 66(d) of the Information Technology Act on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant without prejudice to his rights shall deposit amount of Rs.9,78,148/- before the Trial Court. The release warrant shall not be issued unless the said amount is deposited.

D] The applicant shall furnish his residential address and contact number, if any, to the concerned police station. [N.R.BORKAR, J.] 3/3