ROHIT S/O RAMAVTAR DARAK v. STATE OF MAHARASHTRA THR PSO., PS UMRED NAGPUR RURAL DIST. NAGPUR
ABA/786/2026 · 2026-09-04
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6749 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6749 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 9-Cr.ABA-786-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [A.B.A.] NO. 786 OF 2026 Rohit S/o Ramavtar Darak -- VERSUS -- State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. N.D. Sonare, Advocate for the Applicant. Ms. S.N. Thakur, A.P.P. for the Non-applicant/State. CORAM :
M.M. NERLIKAR, J.
DATE : SEPTEMBER 04, 2026. Heard. 2. Apprehending arrest, the accused has approached this Court in connection with Crime No.713/2026 for the offences punishable under Sections 112(2), 318(4), 317(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Umred, District Nagpur (Rural). 3. The brief facts of the case, as emerging from the First Information Report, are that during the analysis of cyber financial fraud complaints on the NCRP/SAMANVAYA Portal, it was revealed that a bank account held with the Union Bank of India in the name of Narendra Narayan Chauhan was utilized as a "Money Mule Account." In which fraudulent transactions Piyush Mahajan 2026:BHC-NAG:11775
2 9-Cr.ABA-786-2026 amounting to Rs. 23,869/- in connection with a cyber complaint from Gujarat were routed and subsequently withdrawn. It is alleged that the account holder made his bank account available to cybercriminals, thereby facilitating cyber fraud. Based on this information, F.I.R came to be lodged. 4. The learned counsel for the applicant submits that the applicant is the friend of the co-accused, namely Narendra Narayan Chauhan. He submits that the applicant is a businessman and has a garments manufacturing as well as retail business in Gujarat and Maharashtra. He submits that he runs his business from Gujarat, for which he had entered into several Memorandums of Understanding with investors, however, as there was loss in the business, therefore, the investors threatened the applicant, due to which the applicant shifted from Gujarat to Nagpur. The co-accused Narendra is the childhood friend of the applicant, and therefore, he took shelter in Nagpur. He further submits that there is no cyber fraud, in fact, the amount was due towards the informant for the online purchase of certain garments from the applicant, and accordingly, the amount was transferred in the account of Narendra.Therefore, he prayed that the applicant be released on bail. 5.
On the other hand, the learned A.P.P. vehemently opposes the application and submits that the account which was Piyush Mahajan
3 9-Cr.ABA-786-2026 opened is a Money Mule Account, which was under suspicion on an online portal Samanvaya, and when the money trail was traced, it was transpired that the account is in the name of Narendra and the amount was transferred from Gujarat to this account on 08/04/2026 and 09/04/2026. Even the informant – Himanshu
Rathod,
who
hails
from Gujarat, had registered an online cyber fraud case in respect of these transactions. She submits that though the amount appears to be meagre amount of Rs.23,869/-, the cyber fraud requires detailed investigation, and the money trail is also needs to be investigated, therefore, the custody of applicant is required. Under such circumstances, she prayed to reject the application. 6. I have considered the rival submissions. I have gone through the F.I.R. Admittedly, so far as the F.I.R. is concerned, the name of the applicant does not appear. It is further to be noted that the amount involved in the cyber fraud was received in the bank account of Narendra, which was considered as a Money Mule Account. The complaint was received on the Samanvaya Portal from the informant, Himanshu Rathod, alleging cyber fraud, and therefore, the investigation in this complaint was conducted. Through this portal, it was transpired that on two occasions, i.e. on 08/04/2026 and 09/04/2026, the amount of Rs.23,869/- was deducted from the account of the informant, which was subsequently withdrawn by the applicant and accused Narendra Piyush Mahajan
4 9-Cr.ABA-786-2026 as was further revealed during the investigation. It is further to be noted that there are several cases registered against the applicant in the State of Gujarat. Under such circumstances, considering the nature of allegations and the fact that the applicant is the beneficiary of such amount in a cyber fraud, I am not inclined to grant anticipatory bail to the applicant, since it requires a thorough investigation.
Hence, the Criminal Application is rejected. Pending Misc. Application(s), if any, also stand disposed of. [ (M.M. NERLIKAR, J.)
Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 07/09/2026 15:28:00