P.H. JAYANI 906 BA2129.2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2129 OF 2026 Amit Suresh Dube …. Applicant V/s. The State of Maharashtra …Respondents WITH BAIL APPLICATION NO. 1833 OF 2026 Tarun Vishwanath Shenai …. Applicant V/s. The Union of India and anr. …Respondents Mr. Sudeep Pasbola, Sr. Advocate a/w. Mr. Satyaram Gaud, Mr. Chinmay Godse, Adv. Usama Memon and Adv. Shikam Shah for the applicant in BA/2129/2026. Mr. Sanjeev Kadam, Sr. Advocate a/w. Mr. Prashant Rawal, Mr. Akshay Bhalerao and Mr. Ganesh Nagargoje for the applicant in BA/1833/2026. Mr. Sunil Gonsalves, Special PP a/w. Mr. Abhijeet Sarnobat for the Respondent – CBI, ACB, Mumbai. Mr. Vinit Kulkarni, APP for the Respondent – State. CORAM: SHYAM C. CHANDAK, J. DATED : 27th AUGUST, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. The applicants seek their release on bail in connection with RC0262025A0038 of 2025 registered with CBI, ACB, Mumbai for the offence punishable under Sections 61(2), 318(2), 319(2), 336(3), 338, 340(2) and 351 of the Bharatiya Nyaya Sanhita, 2023; Sections 7 (a) and 12 of the Prevention of Corruption Act, 1988; Sections 66C and 66D of the Information Technology Act, 2000 P.H. JAYANI 906 BA2129.2026.DOC and Sections 20 and 25 of the Indian Telegraph Act, 1885 on the Report dated 24.07.2025 filed by Amit Vasava, Superintendent of Police, CBI, ACB, Mumbai. The Respondent-CBI has opposed the applications with the Affidavits of Shashank Singh, Inspector of Police ,CBI,ACB, Mumbai. 3. The prosecution case is that pursuant to a credible information received from reliable source that the applicant- Amit Dube and others conspired with each-other and pursuant to their criminal conspiracy and in furtherance of their common intention, were committing financial fraud via impersonation and phishing calls originating from an illegal call centre by deceptive calls impersonating as the Government authorities. Said call centres were operating from Pune using spoofed number and VoIP infrastructure and obtained proceeds of crime via Hawala/crypto currency. Investigation revealed that the accused persons posed as the personnel of enforcement agencies in US such as IRS (Internal Revenue Service of USA), or USCIS (U.S. Citizenship and Immigration Services), or Indian High Commission officials in the U.S. or as Amazon/Apple Customer Service officers. Mostly, the victims were threatened by posing as one of the above and claiming that their social security numbers were compromised and they are being used for illegal activities like calling for parcel of drugs, psychotropic substance etc. Once the US citizen fell prey to the scammers’ modus oprendi, the caller used to lure them to help for avoiding legal action including arrest by enforcement agencies in lieu to service charges ranging from USD 500-3000. Information also revealed that the victims were asked to withdraw P.H. JAYANI 906 BA2129.2026.DOC money from their bank account and purchase gift vouchers. Subsequently they were asked to share the 16-20 digit gift voucher number along with their PIN, so that the amount can be redeemed by the scammers. In case of payment exceeding 3000 USD, the victim was asked to buy Bitcoins from nearby ATM/Bitcoin box and subsequently transfer the same to the Bitcoin wallets of the scammers. These scammers lured the gullible US citizens through a variety of sophisticated deceptive means by using digital means in order to extort money and thereby committing cyber fraud. These cyber fraudsters thus, with the help of illegal call centre, earned profit ranging between Rs.3-4 crores per month. Information also revealed that these cyber fraudsters were being helped by various unknown bank officials of Public sector and private sector banks who were abusing their official position in the opening and operating various mule accounts used for transferring the cyber fraud amounts by use of false & forged KYC documents of individual without proper due diligence and verification in violation of RBI and Individual Bank guidelines and thus causing undue advantage to such private persons. It was also informed by the source that these persons were parking such extorted money in Mumbai and other places in mule accounts/crypto currency/cash by these fraudsters. The scamsters working in these illegal call centres were known as diallers and closers, who are paid salary in cash which is managed through Hawala players sitting in U.S. as well as India (mostly in Gujarat/Maharashtra). Page 3 of 9 P.H. JAYANI 906 BA2129.2026.DOC In the backdrop, the aforesaid RC0262025A0038 was registered under the relevant statutes on 24.07.2025. Further, the team led by IO Shashank Rathore searched the locations of the accused persons at Mumbai and Pune on 24.07.2025. An illegal call centre was discovered on the top floor of A.S Park Apartment, Bombay Sappers Colony, Vadgaon Sheri, Pune. Total of 15 persons were found in the illegal call centre. Of them 11 were callers, who talked with the USA based victims on phone by impersonation. Total of 27 phones and 17 laptops were seized from the illegal call centre. Scripts were found on the laptops which clearly describes the modus operandi used by the callers to cheat the victims. The entire system was organized and managed by the applicants and Savio Gonsalves and, they also supervised and managed 11 ‘callers’ and 1 closer under them for a monthly salary and incentive. During Investigation statement of employees of the call center were recorded. They disclosed the modus operandi of the scam, confirming that applicant Amit Dube was the operator/organizer of the illegal call centre and that he alongwith applicant Tarun Shenai had been briefing new hires on how to dupe U.S. citizens. Tarun Shenai was identified as a key partner in the operation. Furthermore, one of the accused, Savio Gonsalves, was confirmed to be working as a ‘closer’ - a role that involved finalizing scam calls and securing fraudulent payments from victims. The callers confessed the cheating that was being done from the illegal call centre. The entire modus operandi, the softwares used, the way victim’s money was taken etc. was confessed in detail. During Investigation, the Whatsapp chats between the callers and the accused who were organizers of the call centre P.H. JAYANI 906 BA2129.2026.DOC revealed certain incriminating discussion about payments and incentives. Accused Savio Gonsalves was seen to be giving weekly reports to applicant Amit Dube about the total collection done. A Whatsapp group named as “Champions” where applicant Amit Dube @ Roy was the admin, clearly depicted his role as manager and owner of the fake call center group. The group members were Roystern, Necia Fernandes, Savio Gonsalves, Reuel and others who were pseudonyms of the callers found to be working at the fake call center during the search by CBI on 24.07.25. It was revealed that some person named as Kamesh Sutariya @Kabir was providing the Vici Dialer Software Services to receive incoming VoIP calls from the victims based in USA. The chat between Kamesh and applicant Tarun Shenai proved that he was instrumental in running the fake call center racket. From the digital devices found in the possession of Kamesh Sutariya, it was revealed that he was providing services of Talkatone App which is a calling app that let the accused persons choose any U.S. phone number to appear on calls to the victims in USA. This substantiates his role in providing calling services. 4. Mr. Pasbola and Mr. Kadam, both learned Senior Counsel appearing for the respective applicants submitted that there is no material on record indicating that foreign nationals were cheated with the help of the alleged conspiracy and operating the fake call centre. Except statements of the witnesses that the applicants were involved in Hawala transactions and thereby they gained crores of rupees through this crime, there is no evidence to that effect. The offence is punishable with maximum imprisonment of seven years. The applicants are in jail for last 13 months and their P.H. JAYANI 906 BA2129.2026.DOC further detention is not required. The applicants have no criminal antecedents and, therefore, the applicants may be released on bail. 5. In response, Mr. Gonsalves, learned Special PP for the CBI submitted that the examination of the mobile phones, laptops, the electronic evidence including whatsapp chats collected during investigation, clearly show that the applicants were running the fake call centre. They used to contact US nationals impersonating as Officers of U.S. IRS or USCIS. Further, the accused used to cause digital arrest of the victims and compel them to purchase gift cards etc. The monetary consideration of the gift cards etc. used to be collected in the crypto currency account from where the amount used to be withdrawn and sent to India through Hawala. The statements of the witnesses indicate that every month about 3 to 4 Crores were wrongfully gained by the applicants and their co- accused through this crime. Thus, there is a prima facie case against the applicants of having committed the alleged offence. The offence is serious. Mr. Gonsalves submitted that steps have been taken under Section 112 of BNSS investigation further and identify the victims of the crime. Therefore, bail be refused. Mr. Gonsalves has cited the following cases :- Re : Victims of digital arrest related to forged documents Hon’ble Supreme Court Suo Moto Writ Petition (Criminal) No(s).3 of 2025 dated 17.10.2025 and 01.12.2025. Kurt Mansharamani and Ors. v. State of West Bengal Calcutta High Court CRR 2813 of 2025 dated 01.08.2025 Ashok Kumar and Ors. v. State of NCT of Delhi Delhi High Court Bail Application No.40 of 2026 with others dated 22.04.2026 Kuldeep Sharma v. The State of Madhya Pradesh Madhya Pradesh High Court Misc. Criminal Case No.55471 of 2025 dated 23.01.2026 S. Manjesh v. State of Haryana Punjab and Haryana High Court CRM-M- 20298-2026 dated 18.05.2026 Paul Onyeji Atuh v. The State NCT of Delhi Delhi High Court Bail Application No.4334 of 2023 dated 11.07.2025 Amardeep Sharma and Ors. v. Central Bureau of Investigation and Ors. Delhi High Court Bail Application No.164 of 2026 with others dated 21.01.2026 P.H. JAYANI 906 BA2129.2026.DOC 6. I have considered these submissions in the light of the material on record. Considering the investigation material, it prima facie appears that the applicants have orchestrated this crime and played a major role to give effect to their conspiracy. However, till date, no communication has been received to the Respondent – CBI from U.S. thereby claiming that certain U.S. nationals were cheated with the help of the fake call centre run by the accused persons. Mr. Gonsalves submitted that a letter under Section 112 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has been sent to the Central Government for further investigation in the matter through the Interpol/Investigation Agency based in the US. However, till date, no response is received from the law enforcement agency concerned in the U.S. Therefore, how and to whom the applicants and their co-accused have cheated, is the subject matter of trial. 6.1 Mr. Gonsalves submitted that the statements of the witnesses Dharmik Patel, Kalpesh Thakor, Ram Ranchod Prajapati and Vishal Saroj pointed by Mr. Gonsalves mentions that they used to collect Hawala money from some Angadia persons and hand it over to the applicants and their co-accused persons. However, the name of these Angadia persons are neither mentioned in the statements of these witnesses nor any investigation has been attempted to ascertain the said Angadia persons who used to collect money as per the instructions received from abroad. In view thereof, whether the applicants used to earn fraudulent money from Hawala is also question of trial. It is alleged that unknown servants of various public and private banks are involved in the crime. However, Mr. Gonsalves could not tell as to why, till the date, not a single employee of such P.H. JAYANI 906 BA2129.2026.DOC banks is identified and arrested in the crime. Nothing is pointed from the record to show that crores of rupees were parked in the said banks. It is not clarified as to what investigation is made after filing of the charge-sheet. Therefore, it appears that, the investigation related to the applicants is completed and further detention of the applicants in jail is not required for any purpose. It is not satisfactorily explained as to how the release of the applicants would hamper the further investigation and result in tampering with the evidence collected or remained to be collected. The applicants have no criminal antecedents. Mr. Pasbola, the learned Senior Counsel submitted that the alleged offence is punishable with maximum imprisonment of seven years. The applicants are behind bars for last 13 months. The applicants are not likely to abscond. Therefore, and considering the entire allegations, the applicants may be released on bail with stringent conditions. Hence, the following Order :- (i) The applicants – Amit Suresh Dube and Tarun Vishwanath Shenai shall be released on bail in RC0262025A0038 of 2025 registerd with CBI, ACB, Mumbai for the offences punishable under Sections 61(2), 318(2), 319(2), 336(3), 338, 340(2) and 351 of the BNS; Sections 7(a) and 12 of the PC Act ; Sections 66C and 66D of the IT Act and Sections 20 and 25 of the Indian Telegraph Act, on their executing P.R. Bond in the sum of Rs.2,00,000/- each with one or more sureties in the like amount. (ii) The applicants shall mark their attendance at CBI, ACB, Mumbai on 1st and 16th day of each calender month P.H. JAYANI 906 BA2129.2026.DOC between 11:00 a.m. to 2:00 p.m. till conclusion of the trial and co-operate in further investigation. (iii) The applicants shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing. (iv) The applicants shall not tamper with the prosecution evidence and shall not influence upon the prosecution witnesses to prevent them from deposing against them. (v) On being released from jail, the applicants shall furnish their contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change. (vi) The applicants shall not leave Mumbai till conclusion of the trial. (vii) The applicants shall surrender their Passport with the Respondent-CBI. (viii) The applicants shall not indulge in identical activities for which they have been arraigned in this case. (ix) It is clarified that any observation made in the present Order are for the purpose of deciding the present Bail Applications and should not influence the outcome of the trial and also not be taken as an expression of opinion on the merits of the case. 7. Bail Applications stand disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.08.31 18:11:43 +0530