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Bombay High CourtBA/567/2026rejected

Shreyash S/O Sanjay Maske v. The State Of Maharashtra Thr Pso., Ps Ranapratapnagar, Dist. Nagpur

2026-05-07Hon'Ble Shri Justice M. M. Nerlikar6 pages

2026:BHC-NAG:7257

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [BA] NO.567 OF 2026.

Shreyash Sanjay Maske -VERSUSThe State of Maharashtra Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri A. Deshmukh, Advocate for the Applicant. Ms S.Z. Haider, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J.

DATE : MAY 07, 2026.

Heard.

2.

The applicant came to be arrested in connection with Crime No.655/2025 registered with Ranapratap Police Station, Nagpur City for the offences punishable under Sections 316[2], 318[4], 336[3], 338, and 61[2] of the Bharatiya Nyaya Sanhita, 2023 (BNS). Charge sheet came to be filed and Sections 3[5] of the BNS and Sections 66[c] and 66[d] of the Information Technology Act, 2000 came to be added.

3.

The first information report in the matter came to be lodged by Deepak Ghanshyam Gaidhane, alleging that he was introduced to Sumit Patle by his friend, to whom the informant

asked for help seeking job. Sumit Patle called the informant to Nagpur and further introduced to a group of persons, who informed that they will start a business together and share the profit amongst themselves. The informant was asked for documents for opening a shop and for that purpose documents were taken from the informant. Accordingly a small scale industry in the name and style as 'Deepak Enterprises' (Sale and Purchase of Machinery Tools Equipments) came to be opened in the name of the informant. The Bank account was opened in Bank of Baroda, Hingna, however, the Account kit, username - password of net banking and sim card was kept by the accused persons Ashwin and Amit.

Other similarly placed persons who were residing with the informant, informed him that similar acts were done, however, no business was transacted, instead the same is used in gaming, betting and transfer of hawala amount. When the informant enquired with the Bank he came to know that there was transaction to the tune of Rs.1,73,51,871/- in his bank accounts from 13.10.2025 to 27.10.2025. Thus, the informant lodged the report of cheating against the accused persons. 4.

The learned Counsel for the applicant submits that the applicant is a poor person who has been alluded by the main

accused, and they have collected his Aadhar and Pan card and opened two Bank accounts - one in the name of the applicant and another in the name of Vaishnavi Jewelers of which the applicant was shown as proprietor. He submits that when the raid was conducted at Atithi Hotel, he was present, however, he went for some personal work. The applicant has not committed any offence, and he is working for others, therefore, at the most he could be regarded as an employee of the co-accused. Thus, considering the nature of allegations, he may be released on bail, as he is languishing in jail since 10.12.2025.

5.

On the other hand the learned A.P.P. vehemently opposes the application by submitting that so far as this case is concerned it is an online fraud. Total amount till today which has been revealed during the course of investigation is more than Rs.156 Crores. So far as the applicant is concerned, he has opened two bank accounts, one personal account and other in the name of Vaishnavi Jewelers. Both accounts are opened in the Bank of Baroda. When the raid was conducted at Atithi Hotel, the applicant was caught red handed. She further submits that when the mobile phone of the co-accused was verified, details of bank account of the present applicant in the name of Vaishnavi Jewelers

was found, wherein there are transactions of Rs.23 lakhs. This amount was deposited through online fraud from the accounts of different victims throughout the Country. So far as another account is concerned, which is in the personal name of the applicant, even in that account an amount of Rs.2,41,689/- was found. These accounts are opened on 17.10.2025 and transactions are made upto 07.11.2025. Therefore, she submits that in one month Rs.23,75,340/- lakhs and Rs.2,41,689/- were transacted in those accounts through online fraud and poor victims are duped. Therefore, considering the magnitude of the offence, there is strong case against the applicant, and he does not deserve to be released on bail. It is further submitted that the room at Atithi Hotel was booked in the name of the present applicant, where the raid was conducted. Therefore, the application be rejected.

6.

I have considered the rival submissions. It appears from the record that different groups are working at multi levels in this online fraud. It appears from the record that one group is formed to allude the people in this online fraud, by calling them for different reasons. They are asked to deposit amounts in the accounts. So far as the present group is concerned, they are

indulging in opening bank accounts in different names and carrying out further transactions of the amounts so deposited in those accounts which are opened by the present group of accused persons. These amounts are thereafter transferred at multi levels. As can be gathered from the record that till today online fraud of an amount of more than Rs.156 Crores has been detected by the investigating agency. Several people of every strata are falling prey to this online fraud. So far as the present applicant is concerned, it appears from the record that he was found at hotel Atithi, wherein the entire group was indulging in either opening of new bank accounts or transferring the amount from one account to another.

It further appears that the present applicant had booked a room at Hotel Atithi in his name, which can be gathered from the material placed before me. When the raid was conducted, at that time the applicant was present along with several co-accused persons. Further from the spot, 96 mobile phones were seized along with several other incriminating articles which were used for conducting online fraud, opening of bank accounts and transfer of amounts from one account to another.

Vaishnavi Jewelers, wherein the applicant was shown as a proprietor. However, there is no firm as Vaishnavi Jewelers in existence, and all the accounts are opened either in the name of fake company or its entities. It is to be further noted that so far as this account of Vaishnavi Jewelers is concerned, in the said account an amount of approximately Rs.23 lakhs were found to be deposited by different victims throughout the Country. So far as the personal account of the applicant is concerned, Rs.2, 41,689/- were found. Even this amount came from various victims throughout the Country. It further appears that though charge sheet is filed, one of the accused is still absconding. There is every likelihood that the figure of more than Rs.156 Crores may increase after the arrest of the absconding accused.

Considering the strong case against the applicant and to curb the activities of this online fraud, I am not inclined to accept the prayer made by the applicant. Criminal Application is therefore, rejected. JUDGE Signed by: R.G.