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Bombay High CourtBA/2184/2025disposed off

Ali Ahmad Khan v. State Of Maharashtra

2026-04-27Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2184 OF 2025 Ali Ahmad Khan ...Applicant

VERSUS

State Of Maharashtra

...Respondent

_________________________________________________________________ Mr. Sayyed Wajid Hussain a/w. Suresh Gaikwad,Advocate for Applicant. Ms. Gauri Rao, APP for Respondent-State.

API Rahul More, Cyber Police Station, Nashik City. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 27th APRIL, 2026.

P.C. :

1.

Heard learned counsel for the Applicant and learned APP for the State.

2.

By this application, the applicant is seeking regular bail in Crime No. 70 of 2024 registered with Cyber Police Station, Nashik for the offences punishable under Sections.318(4), 204, 205, 351(2) (3), 3(5) of Bharatiya Nyaya Sanhita r/w. 66(C), 66(D) of The Information and Technology Act, 2000.

3.

It is prosecution's case that on 13/09/2024, the first informant was digitally arrested and she was compelled to transfer Rs.23,00,000/- from her own account. It is alleged that the said bank account belongs to the applicant in other bank account.

4.

It is contention of learned counsel for the Applicant that applicant is a trustee of trust. The absconding co-accused assured the applicant about giving donation to his trust and on believing him, applicant had provided bank account's detail to the co-accused. Applicant was not aware about that fraud amount being transferred in his bank account, the said amount was transferred to other bank behind back of the aplicant. Applicant is 70 years' old. He is behind bars for more than one year and six months. He has no antecedents and requested to allow the application. 5.

It is contention of learned APP that applicant has one antecedent. The fraud amount was transferred in the bank account of the applicant and thereafter it transferred to other bank account, which shows involvement of the applicant in the crime. If he is released on bail, he may abscond or threaten prosecution witnesses.

6.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

7.

Applicant is claiming that he is trustee and he has been cheated by absconding co-accused. It appears that the fraud amount was transferred in the bank account of the applicant and thereafter, it was transferred to other bank account. To prove the role of the applicant, evidence is required. Applicant is 70 years' old. He is behind bars for more than one year and six months. He has no antecedents. The other co-

accused are absconding.

8.

Considering these facts, I pass following order:

ORDER

(i) The Applicant-Ali Ahmad Khan be released on bail in Crime No. 70 of 2024 registered with Cyber Police Station, Nashik, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount. (ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order. (iv) The Applicant shall attend the concerned Police Station as and when required.

(v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)