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Bombay High CourtABA/2445/2025allowed

Shubham Sanjay Dhanuka v. State Of Maharashtra

2025-09-08Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2445 OF 2025 Shubham S. Dhanuka ...Applicant V/s.

The State of Maharashtra

...Respondent.

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

Mr. Vijay Patil, Sr. Advocate a/w. Mr. Vivek Rane i/b Mr. Kuldeep M. Jain for the Applicant.

Mr. V. N. Sagare , APP for the Respondent/State. PI Kiran Aher and API Sanjay Pawar, North Region Cyber Police Station present.

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

CORAM

:

N.R. BORKAR, J.

DATE :

08.09.2025.

P.C. :

1.

This is an application for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 101 of 2024 registered at Cyber Police Station, North Region, Mumbai for the offences punishable under Sections 120-B, 347, 384, 419, 420, 465, 467, 468, 471 of the Indian Penal Code (IPC) and Sections 66 (C) and 66(D) of the Information Technology Act (I.T. Act). 3.

It is the case of the prosecution that the present applicant and other co-accused defrauded the first informant to the tune of Rs.12,99,756/- through on-line fraud.

4.

I have heard the learned senior advocate appearing for the applicant and the learned APP for the respondent / State. 1/3

5.

Learned counsel for the applicant submits that the applicant has nothing to do with the alleged crime and at the relevant time, the applicant was in Dubai. It is submitted that the prosecution has already filed charge-sheet against the co-accused. It is submitted that nothing is to be recovered at the instance of the applicant and therefore there is no need of custodial interrogation. It is submitted that there are no other criminal antecedents. It is accordingly, submitted that the applicant may be released on anticipatory bail.

6.

On the other hand, learned APP for the respondent/State submits that the applicant is involved in serious crime. It is submitted that out of defrauded amount, the mother of the applicant has received Rs.5,00,000/- on the instructions of the applicant. Learned APP submits that considering the nature of crime, the applicant may not be released on anticipatory bail. 7.

The fact that the prosecution has filed the charge-sheet against the co-accused is not disputed. There are no other criminal antecedents against the applicant. There appears to be no need of custodial interrogation. In that view of the matter, I am inclined to release the applicant on anticipatory bail. In the result the following order is passed.

ORDER

A) The Application is allowed.

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B) In the event of arrest of the applicant in C.R. No. 101 of 2024 registered at Cyber Police Station, North Region, Mumbai for the offences punishable under Sections 120-B, 347, 384, 419, 420, 465, 467, 468, 471 of the IPC and Sections 66 (C) and 66(D) of the I.T. Act, he be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one surety or two sureties in the like amount. C) The applicant shall attend the concerned police station from 22nd September 2025 to 26th September 2025 in between 11.00 a.m. and 2.00 p.m. and shall cooperate in the investigation.

[N.R.BORKAR, J.] 3/3