1 47-BA-386-2026 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 386 OF 2026 Bandu Hariba Rathod …........Applicant VERSUS State Of Maharashtra And Anr. ….......Respondents ----- Adv. Kunal Patil i/by Mr. Jadhav, Adv. Katkar, Adv. Salunkhe for Applicant. Mr. Anand S. Shalgaonkar, APP for the Respondent-State. ----- CORAM : MEHROZ K. PATHAN, J. DATE : 6th AUGUST, 2026. P.C. 1. Heard learned counsel for the Applicant and learned APP for the Respondent-State. 2. The Applicant has approached this Court, seeking regular bail in connection with Crime No.378/2025 registered with Rajarampuri Police Station, District Kolhapur for the offences punishable under Sections 316(2), 318(4), 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) alongwith Section 66(c), 66(d) and 43 of the Information and Technology Act, 2000. 3. Learned Counsel, Mr. Kunal Patil, appearing for the Applicant, submits that the Applicant has been falsely implicated in the present crime. The Applicant has been cheated by his own friend, Tejas Bhalerao, who used the account of the Applicant for receiving the fraudulent amount obtained from the complainant by making fake video calls. The Applicant Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.08.07 13:02:17 +0530 2 47-BA-386-2026 (CR).DOC has specifically alleged connivance on the part of accused Tejas Bhalerao, who utilized the Applicant’s account to receive an amount of Rs.42,00,000/-. Although the said amount was credited into the Applicant’s account, it was immediately handed over to Tejas Bhalerao and other accused persons. Even as per the case of the prosecution, accused Tejas Bhalerao, who is alleged to have used the Applicant’s account for receiving the fraudulent amount, has already been released on bail by this Court in Bail Application No.3740 of 2025, vide order dated 08/04/2026, upon holding that the investigation is complete, the charge-sheet has been filed, and having regard to the number of prosecution witnesses proposed to be examined, it is unlikely that the trial can be completed within a reasonable period. This Court is also noted that the accused, Applicant Tejas, was arrested on 05/07/2025 and remained behind bars. The said Applicant, Tejas, was therefore released on bail. The present Applicant, Bandu Rathod, has also been in custody since 05/06/2025. The entire investigation has been completed and the charge-sheet has been filed. There are a number of witnesses proposed by the prosecution to be examined, and it is unlikely that the trial would be completed within a reasonable period. The Applicant is, therefore, entitled to be released on bail, even by applying the principles of parity. Hence, the Applicant may be released on bail. 4. As against this, the learned APP strongly opposed the bail application on the ground that the Applicant is involved in serious offences Shantanu S. Dhudum 3 47-BA-386-2026 (CR).DOC under the Information Technology Act, as well as cheating, forgery, and cheating by impersonation. The Applicant is involved in a massive fraud of more than Rs.3.5 crores. The Applicant is shown to have used his own bank account for receiving a fraudulent amount of Rs.42,00,000/-. The Applicant is alleged to be one of the prime accused, having played an active role in demanding money from the complainant. It is further contended that there is a huge scam going on in the country, and the Applicant has been digitally arrested in connection with the said offence. Hence, this is not a fit case to release the Applicant on bail therefore the application may be rejected. 5. I have gone through the investigation papers which have culminated in the filing of the charge-sheet. A perusal of the investigation papers shows that the only role attributed to the Applicant, Bandu Rathod, is that he acted as a conduit to the main accused, Tejas Bhalerao, by providing his account details, SIM card, OTP, and KYC documents to the said accused, who thereafter used the Applicant’s account for receiving the amount of Rs.42,00,000/-. The Applicant, Bandu Rathod, is also alleged to have stayed with Tejas Bhalerao at Pune, where the conspiracy was hatched by the co-accused Tejas Bhalerao along with the Applicant. Interestingly, accused Tejas Bhalerao has already been released on bail vide order dated 08/04/2026 passed in Bail Application No.3740 of 2025. Thus, even applying the principle of parity, the present Applicant, who is only Shantanu S. Dhudum 4 47-BA-386-2026 (CR).DOC alleged to have received commission from accused Tejas, is entitled to consideration for bail. 6. Taking into consideration, the fact that the Applicant is arrested on 05/06/2025 and is not having any criminal antecedents of identical nature except of one offence under Section 306 of IPC, and is further ready to abide by any conditions that may be imposed by this Court, I am inclined to exercise the discretion under Section 483 of the BNSS to release the Applicant on bail. Hence, the following order : ORDER I. The application is allowed. II. The Applicant – Bandu Hariba Rathod, in connection with Crime No.378/2025 registered with Rajarampuri Police Station, District Kolhapur for the offences punishable under Sections 316(2), 318(4), 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 alongwith Section 66(c), 66(d) and 43 of the Information and Technology Act, 2000, the Applicant be released on bail on furnishing P.R. Bond in the sum of Rs.50,000/- (Fifty Thousand Rupees Only) with one or two sureties in the like amount, on the following conditions. A) The Applicant shall attend the concerned police station once in every two months from 10th date of every two months starting from 10th August, 2026. B) The Applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court. C) The Applicant shall not tamper with the prosecution evidence or Shantanu S. Dhudum 5 47-BA-386-2026 (CR).DOC attempt to influence or threaten any witness in any manner. A single incident of such conduct would entitle the prosecution to seek cancellation of the bail granted to the present applicant. D) A single default by the Applicant in violating any of the conditions would entitle the prosecution to seek cancellation of the bail granted to the Applicant. E) The Applicant, upon being released on bail, shall furnish his residential address, contact number, and copies of his Aadhaar / PAN Cards to the Investigating Officer as well as trial Court, and shall also provide the names, addresses, and contact numbers of his close relatives for the purpose of record and verification. F) The bail application is allowed in the above terms and stands disposed of. G) Needless to states that the observations rendered herein are to the extent of this application and the trial Court shall not be influenced by the same. ( MEHROZ K. PATHAN, J.) Shantanu S. Dhudum