Mohammad Aftab S/O Dilshad v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4830 OF 2025 Mohammad Aftab S/o Dilshad ... Applicant

VERSUS

The State Of Maharashtra ... Respondent _________________________________________________________________ Mr. Anilkumar Patil a/w. Mr. Laxmikant Patil i/b. Mr. Digvijay Patil, Advocate for Applicant.

Mr. Sameer M. Mangaonkar, APP for the State.

_________________________________________________________________ by SONALI SATISH KILAJE Date:

2026.05.05 12:49:22 +0700 SONALI SATISH KILAJE

CORAM

: SHIVKUMAR DIGE, J.

DATE : 30th APRIL, 2026.

P.C. :

1.

By this application, the Applicant is seeking regular bail in C.R.No. 02 of 2025 registered with Nashik Gramin Cyber Police Station, Nashik, for the offences punishable under Sections 318(4), 319,3(5) of Bhartiya Nyaya Sanhita, 2023 (for short "BNS Act") and Section 66-D of Information Technology Act.

2.

It is prosecution's case that during the period from 03.03.2025 to 02.06.2025, applicant and co-accused assured the complainant that they will help him to receive the amount of matured insurance policy and duped him of Rs.33,39,418/-.

3.

It is contention of learned counsel for the applicant that the applicant's name is not mentioned in FIR. It is alleged that the email

address of the co-accused was linked with the bank account of the applicant. To show Bonafide, the applicant has deposited Rs.2 lakh before the Trial Court. The applicant is behind the bars since more than nine months and requested to allow the application. 4.

It is contention of learned APP that the applicant has antecedents. The email address of the co-accused was linked with the bank account of the applicant. It shows his involvement in the crime. If he is released on bail, he may abscond and threaten prosecution witnesses and requested to reject the application.

5.

I have heard both the learned counsel. Perused chargesheet and documents produced on record. The applicant's name is not mentioned in the FIR. To show the involvement of the applicant in the crime, evidence is required. Considering these facts, I pass following order.

ORDER

i.

The applicant be enlarged on bail in C.R.No. 02 of 2025 registered with Nashik Gramin Cyber Police Station, Nashik, on executing P.R.Bond of Rs. 30,000/- on furnishing one or two sureties in the like amount. ii.

The applicant shall attend the concerned police station as and when required.

iii.

The applicant shall not tamper with the evidence or

attempt to influence or contact the complainant, witnesses or any person concerned with the case. 6.

The application is allowed in the aforesaid terms and is accordingly disposed of. All pending applications, if any, disposed of. 7.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)