1 45-BA-427-2026 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 427 OF 2026 Dhananjay @ Dany Token Roy …...Applicant VERSUS The State Of Maharashtra And Anr …...Respondents ----- Adv. Jolly Bhutelo a/w Mr. Pratik Bodekar, Mr. John Bhutelo, Mr. Suresh Patil and Mr. Amit Rakshe, 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 for seeking regular bail in connection with Crime No.378 of 2025 registered with Rajarampuri Police Station, Kolhapur, for the offences punishable under Sections 316(2), 318(4), 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”) and under Sections 66©, 66(D) & 43 of the Information Technology Act, 2000. 3. Learned counsel Mr. Jolly Bhutelo, appearing for the Applicant submits that the Applicant is falsely implicated in the present crime. Even if the first information report does not name the present Applicant as the accused. The charge-sheet is filed in the present crime, also attributed the Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.08.07 13:02:17 +0530 2 45-BA-427-2026 (CR).DOC limited role of the present Applicant for providing the bank accounts information to one of the co-accused Kshitij Sutar. The co-accused Kshitij Sutar, who is alleged to have received the information and the documents of the fictitious bank account holder from Applicant, is already released on bail by this Court vide order dated 06/05/2026 passed in Criminal Bail Application No.360 of 2026. The Applicant is arrested on 15/07/2025 and he is behind bars since then. The entire investigation is completed and charge-sheet has already been filed. There are number of witnesses cited by the prosecution. The trial has not yet commenced and the trial will take its own time to conclude. The Applicant is not having any criminal antecedents and is further ready to abide by any conditions that may be imposed by this Court. 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 has found to be involved in the serious offence of duping a senior citizen by fraudulently representing that her name is found to be one of the financial scam and ask for money to clear her name. The Applicant has provided the fake bank accounts details to the accused Kshitij Sutar, who has then utilized the said bank accounts to received the fraudulent money. The Applicant is alleged to have provided the information and have also opened the fake accounts in the name of fictitious persons, who do not even exist. The said accounts were then utilized by the accused Khsitij Sutar to receive the fraudulent Shantanu S. Dhudum 3 45-BA-427-2026 (CR).DOC amount. The offence is serious in nature, where the senior citizen is duped of more than 3.5 crore. Hence, this is not a fit case to release the Applicant on bail. 5. I have gone through the investigation 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 of the present Applicant. The Applicant has provided the fraudulent data to open some fictitious account, and thereafter, assisted the other accused person in siphoning of the fraudulent amount received from the complainant. The Applicant is alleged to have provided the bank details to accused Khsitij Sutar, as per the charge-sheet. Interestingly Kshitij Sutar is also released on bail by this Court vide order dated 06/05/2026 passed in Bail Application No.360 of 2026. Hence, in my opinion, the principles of parity squarely applies. Except for the aforesaid role, there is no other role to connect the present applicant with present crime in the entire charge-sheet. 6. Taking into consideration, the further facts that the Applicant is not having criminal antecedents and is arrested on 15/07/2025. The entire investigation is completed and charge-sheet has already been filed. The trial is not yet commenced. There are several witnesses cited by the prosecution. The trial is not likely to be conclude within stipulated period. Hence, I am inclined to exercise the discretion under Section 483 of the BNSS to release the Applicant on bail upon certain conditions. Hence, the following order: Shantanu S. Dhudum 4 45-BA-427-2026 (CR).DOC ORDER i. The application is allowed. ii. The Applicant - Dhananjay @ Dany Token Roy, in connection with Crime No.378 of 2025 registered with Rajarampuri Police Station, Kolhapur, for the offences punishable under Sections 316(2), 318(4), 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”) and under Sections 66(C), 66(D) & 43 of the Information 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 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 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 Shantanu S. Dhudum 5 45-BA-427-2026 (CR).DOC 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. 7. In view of the aforesaid terms and conditions, the application is allowed and stands disposed off accordingly. ( MEHROZ K. PATHAN, J.) Shantanu S. Dhudum