1 47-BA-446-2026 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 446 OF 2026 Suraj Tatyaram Sayykar …... Applicant VERSUS The State Of Maharashtra And Anr. …...Respondents ----- Adv. Rohit Jain (Through VC) a/w Mr. Swapnil Pawar, Mr. Vikas Nagare, for Applicant. Mr. Anand Subhash 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 alongwith Section 66(c), 66(d) and 43 of the Information and Technology Act, 2000. 3. Learned counsel Mr. Rohit Jain appearing for the Applicant submits that the Applicant is falsely implicated in the present crime. Even as per the allegations in the charge-sheet, the Applicant is attributed only a limited role of providing his bank account details. The fraudulent amount Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.08.07 13:02:17 +0530 2 47-BA-446-2026 (CR).DOC received from the complainant is shown to have been deposited in the account of the present Applicant. However, the charge-sheet itself records that the said amount was immediately transferred to the accounts of other accused persons. The accused Sanket Nhavale, who is shown to have received the amount from the account of the present Applicant, has already been released on bail by this Court vide order dated 19/01/2026 passed in Criminal Bail Application No.3635 of 2026. The Applicant is also ready to show his bona fides by depositing an amount of Rs.5,00,000/-. The Applicant was arrested on 29/07/2025 and has remained in custody for almost one year. The charge-sheet is already filed. The trial has not yet commenced. There are several witnesses cited by the prosecution. The trial will take its own time to conclude, hence the Applicant may be released on regular bail. 4. As against this, the learned APP strongly opposes the bail application on the ground that the Applicant is a history-sheeter, having been involved in an identical offence of cheating under the provisions of the Information Technology Act by adopting the same modus operandi. It is alleged that the Applicant used his bank account for receiving a fraudulent amount of Rs.5,00,000/- which was credited to his account from the accounts of other accused persons. Though the amount is said to have been again forwarded to accused Sanket Nhavale, however the role of the present Applicant in committing the fraud, is clearly made out from the overt act of the present Applicant. Since, the Applicant is having criminal Shantanu S. Dhudum 3 47-BA-446-2026 (CR).DOC antecedents, there is every likelihood, if the Applicant is released on bail, he may again indulge into identical 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 investigations papers which has culminated into filing of the charge-sheet. The gist of the allegations in the charge-sheet, itself would suggest that the limited role attributed to the present Applicant, even from the charge-sheet, is that he provided his bank account for facilitating the deposit of the amount siphoned off from the accounts of other accused persons, which was thereafter forwarded to the account of accused Sanket Nhavale. Interestingly, accused Sanket Nhavale, in whose account the amount was transferred by the Applicant, has already been released on bail by this Court vide order dated 19/01/2026 passed in Bail Application No.3635 of 2026. In that matter, the Applicant had shown his bona fides by depositing an amount of Rs.5,00,000/- in the trial Court. Here also, the Applicant, Suraj Tatyaram Sayykar, is ready to show his bona fides by voluntarily making a statement to deposit an amount of Rs.5,00,000/-. Since the Applicant is alleged to have played only a limited role of providing the bank account wherein the amount of Rs.5,00,000/- was deposited, I am inclined to exercise discretion under Section 483 of the BNSS to release the Applicant on bail. ORDER I. The Applicant - Suraj Tatyaram Sayykar, in connection with Crime No.378/2025 registered with Rajarampuri Police Station, District Shantanu S. Dhudum 4 47-BA-446-2026 (CR).DOC 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, shall 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 aforesaid order is subject to the Applicant depositing an amount of Rs.5,00,000/- before the trial Court within a period of three week from today. B) The Applicant shall attend the concerned police station once in every two month from 10th date of month starting from 10th August, 2026. C) The Applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court. D) The Applicant shall not tamper with the prosecution evidence or 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. E) Failure on the part of the Applicant of depositing the amount of Rs.5,00,000/- before the trial Court within the stipulated time or a single violation of the conditions would entitle the prosecution to seek cancellation of the bail of the Applicant. F) The Applicant, upon being released on bail, shall furnish his residential address, contact number, and copies of his Aadhaar / PAN Shantanu S. Dhudum 5 47-BA-446-2026 (CR).DOC 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. II. In view of the aforesaid terms and conditions, the application is allowed and stands disposed off accordingly. ( MEHROZ K. PATHAN, J.) Shantanu S. Dhudum