1 17-Cr.ABA-833-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [A.B.A.] NO. 833 OF 2026 Abdul Nadeem Shiraz Abdul Naim -- VERSUS -- The State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. R.S. Akbani, Advocate a/w. Ms. S.S. Gandhi, Advocate for the Applicant. Ms. S.N. Thakur, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : OCTOBER 13, 2026. Heard. 2. Apprehending arrest, the accused have approached this Court in connection with Crime No.629/2026 for the offences punishable under Sections 318(4), 319(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 66(D) of the Information Technology Act, 2000, registered with Police Station Darwha, District Yavatmal. 3. The informant, Ajay Sopan Nimbalkar, a Police Constable attached to the Cyber Police Station, Yavatmal, alleged that, during the analysis of data received from the National Cyber Crime Reporting Portal (NCCRP), two bank accounts were identified as having received amounts allegedly linked to cyber frauds. It was alleged that the account holders, Piyush Mahajan 2026:BHC-NAG:13748 2 17-Cr.ABA-833-2026 Sofiyan Khan Naim Khan and Jishan Ali Fayaz Ali, had used their respective bank accounts to receive cyber fraud proceeds amounting to Rs.67,000/- and Rs.2,94,800/-, respectively, which were subsequently withdrawn through an ATM. Thus, a total amount of Rs.3,61,800/- was allegedly involved. Based on these allegations, the First Information Report (FIR) came to be registered. 4. The learned counsel for the applicant submits that merely on the basis of the statements of the co-accused, the applicant has been implicated in the crime. The applicant is not involved in the alleged crime. The two persons who are arrested have committed online fraud. After the arrest of those two persons, they disclosed the name of the present applicant, stating that the applicant had withdrawn the amount involved in the online fraud. However, the learned counsel submits that no amount from the said online fraud has come into the account of applicant. Under such circumstances, only CDR report and statements of co-accused are not sufficient. Therefore, the applicant deserves to be granted anticipatory bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that, during interrogation, the accused have disclosed the name of the applicant. It is alleged that the applicant has withdrawn the amount through ATM from the accounts of the co-accused persons. However, Piyush Mahajan 3 17-Cr.ABA-833-2026 there is no concurrent proof at present, as there is no CCTV footage or any other material to show that it was the applicant who has withdrawn the amount. Therefore, she submits that, unless the custody of the applicant is obtained, it is very difficult to trace the money trail. Under such circumstances, she prays for rejection of the application. 6. Upon consideration of the submissions, it appears that the F.I.R. was registered on the basis of the report lodged by Police Constable Ajay Nimbalkar. It appears that the complaints are received by the Cyber Crime Police in respect of various digital and online frauds, and upon verification of the accounts, it transpired to the Cyber Crime that the accounts of the co- accused persons have been used for digital / online frauds, and accordingly, the F.I.R. was registered, and the co-accused persons were arrested. During interrogation, the co-accused persons disclosed the name of the present applicant. Except for the CDR report, there is no concrete material to show the involvement of the present applicant in the alleged crime. Considering the fact that there is no other material against the applicant, I am inclined to grant anticipatory bail to the applicant. Hence, the following order: O R D E R i) The Criminal Application is allowed and disposed of; Piyush Mahajan 4 17-Cr.ABA-833-2026 ii) In the event of arrest of applicants [Abdul Nadeem Shiraz Abdul Naim] in connection with Crime No.629/2026 for the offences punishable under Sections 318(4), 319(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 66(D) of the Information Technology Act, 2000, registered with Police Station Darwha, District Yavatmal, be released on bail on furnishing a P.R. bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) each with one solvent surety in the like amount; iii) The applicant shall attend the concerned Police Station on Saturday between 11.00 a.m. to 01.00 p.m. of every month or as and when called by the Investigating Officer and shall cooperate with the Investigating Agency; iv) The applicant shall not tamper with the prosecution evidence or threaten the prosecution witnesses. v) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same; (vi) Pending Misc. Application(s), if any, also stand disposed of. [ (M.M. NERLIKAR, J.) Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 13/10/2026 16:46:49