Extracted from the PDF above. The PDF is authoritative.
911-ABA-1850-2026.ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1850 OF 2026 Preet Tushar Trivedi …Applicant Versus The State of Maharashtra …Respondent Adv. Kuldeep U. Nikam, for the Applicant. Ms. Poonam P. Bhosale, A.P. P., for the Respondent – State. PI Sanjay Shipare, B.K.C. Police Station, Mumbai, is present.
CORAM :
PRAFULLA S. KHUBALKAR, J.
DATE :
1ST SEPTEMBER 2026 P.C:-
1. Heard learned counsel for applicant as well as learned APP for respondent – State.
2. The applicant is apprehending arrest in Crime No. 119 of 2025 dated 27.02.2025, registered with Bandra-Kurla Complex Police Station, Brihanmumbai, for the offence punishable under Sections 318(4) and 319(2) of The Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”) and Sections 66(C) and 66(D) of the Information Technology Act, 2000 (for short, “IT Act”). 1st September 2026
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3. The offence is registered against the applicant on the basis of allegations that an amount of Rs. 9,40,000/- came to be transferred from the Crypto Wallet of the complainant in the form of Bitcoins, without the consent of the complainant and it is alleged that this applicant has used the mobile phone of the complainant and got the transactions of transfer done.
4.
Learned counsel for applicant submits that the alleged offence had occurred on 13th November 2024 and the FIR is registered after a delay of about three months i.e. on 27th February 2025. He also submits that the transfer of amount from the Crypto Wallet, of any person can be possible only after sharing of password and/or OTP and after clearance of the security measures and the allegations of transfer of amount without consent are baseless. He also submits that there is nothing to indicate that the amount was transferred from the account of the complainant and this applicant has got any wrongful gain by way of that transfer. Apart from this, he submits that the applicant is ready to attend the Police Station and provide all the details of transactions, as demanded by the Investigating Officer, including the applicant’s mobile phone and 1st September 2026
911-ABA-1850-2026.ODT address of her residence. He therefore prays for confirmation of interim protection granted by this court by order dated
16.07.2026. 5. Learned APP for respondent – State opposed the application and submitted that there are specific allegations in the FIR about role played by this applicant. She submits that considering the nature of the allegations, mobile phone of the applicant needs to be made available for the purpose of investigation. She submitted that the applicant has used the mobile phone of the complainant and has got some screenshot from the said mobile. 6. Perused the FIR and documents placed on record. It has to be noted that, at this stage, there is nothing to indicate that the amount was transferred in the account of the applicant. It has to be noted that by interim protection dated 16th July 2026, the applicant is directed to attend the police station. It states that accordingly, applicant has attended the police station on seven occasions, which is not disputed by the learned APP. Page 3 of 5 1st September 2026
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7. Perused the FIR and the documents placed on record. It has to be noted that although there are allegations about transfer of certain amounts from the complainant’s account, however, there is nothing on record to show at this stage that any amount was transferred from the account of complainant to the account of this applicant and he has got any wrongful gain. 8.
Undisputedly after interim protection granted by this court on 16.07.2026, the applicant has attended the police station on seven occasions. In view of the nature of offence, the investigation can be conducted on the basis of documentary evidence. Hence, considering the allegations in the FIR and role attributed to this applicant and further fact that the applicant has been granted interim protection by order dated 16.07.2026 which is not misused by him, the interim protection needs to be confirmed, subject to certain conditions. 9. Hence, I pass following order :-
ORDER (i) The Anticipatory Bail Application is allowed. (ii) In the event of arrest of the applicant in Crime No. 119 of 2025, registered with Bandra-Kurla Complex Police Station, Brihanmumbai, for 1st September 2026
911-ABA-1850-2026.ODT the offence punishable under Sections 318(4) and 319(2) of The Bharatiya Nyaya Sanhita, 2023 and Sections 66(C) and 66(D) of the Information Technology Act, 2000, she be released on bail on furnishing P. R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand only), with one solvent surety of the like amount. (iii) The applicant is directed to surrender her mobile phone to the investigating agency and provide details of her Aadhar Card and residential address. (iv) The applicant is directed to attend the Police Station as and when called upon by the investigating agency, till filing of the chargesheet. (v) The applicant shall not contact the complainant or any of the witnesses, in any manner. (vi) The applicant is directed to extend co- operation during investigation and trial. (vii) Breach of any of these conditions, shall be a ground for cancellation of the bail.
10. Anticipatory Bail Application is disposed of in above terms.
(PRAFULLA S. KHUBALKAR, J.) VDMokal/- 1st September 2026