SATYAM SARVJEET UPADHYAYversusTHE STATE OF MAHARASHTRA AND ORS.

                                                           15. ABA 1146-2026.doc



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION

               ANTICIPATORY BAIL APPLICATION NO.1146 OF 2026

Mr. Satyam Sarvjeet Upadhyay                       )…     Applicant
         Versus
State of Maharashtra & Ors.                        )...   Respondents

                                  -----
Mr. Dinesh Nishad a/w Ms. Avantika Nishad, Ms. Neha Mishra, Mr.
Chatradhari-Nishad for the Applicant.

Mr. Mayur S. Sonavane, A.P.P. for the Respondent-State.
                                   -----

                                 CORAM : SANDESH D. PATIL, J.

                                 DATE    : 20th MAY 2026
                                           (VACATION COURT)

P.C. :

1)              The present application is filed by the Applicant for transit

bail. The Applicant is residing at Vasai, i.e. within the jurisdiction of

this Court. The allegation against the Applicant is that one Mr. Vishal

Raina, the first informant residing at Himachal Pradesh had lodged a

complaint under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023

on 17th September 2025. The informant states that he became the

victim of online investment fraud. He states that he was added to the

WhatsApp group on 28th July 2025 by one Mr. Dhiraj Relli. He states

that the entire deposit of the Applicant was accepted by the Company.
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He withdrew some amount successfully, however, thereafter, the rest

amount could not be withdrawn. In this premise, the FIR was filed.



2)              The Applicant states that he has received a notice from Cyber

Crime Police Sation, Northern Range, Dharamshala, Distt. Kangra (HP).

This notice is under Section 35(3) of Bhartiya Nagrik Suraksha

Sanhita, 2023 (BNSS). It is stated that he was to appear before the

Investigating Officer on 1st May 2026. However, since there was no

protection granted to him, he could not remain present. The Applicant

states that he himself is cheated by the same online platform and that,

he himself is a victim. Although the notice is sent under Section 35(3)

of BNSS, however, the period has expired and the Applicant did not go

to Dharmshala in response to the said notice. There is an apprehension

that, now he may be arrested, if he goes to Dharmshala, therefore, he

has moved the present Application.



2)              Mr. Mayur Sonavane, the learned A.P.P. appearing for the

Respondent-State submits that an apprehension may not be correct and

he prays for dismissal of the Application.



3)              Admittedly, the Applicant is not named as accused in the FIR.
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Admittedly, there is a notice issued to the Applicant under Section

35(3) of the BNS. The apprehension about arrest, in the event the

Applicant goes to Himachal Pradesh appars to be genuine. In these

aforesaid circumstances, I am inclined to grant protection to the

Applicant, so as to visit and apply for anticipatory bail in Himachal

Pradesh. Therefore, the following Order is passed :-

                                    :ORDER:

       (i)      In the event of arrest of Applicant in connection with

                Crime No.11/2025, registered with Cyber Crime Police

                Station, District. Dharamshala (Kangra), Himachal

                Pradesh, for the offences under Section 318(4) of the

                Bharatiya Nyaya Sanhita, 2023, the Applicant be

                released upon furnishing a P.R. bond of Rs.10,000/-, in

                one or two sureties in the like amount.



       (ii)      The said Order of transit bail shall be limited for a

                period of three weeks to enable the Applicant to

                approach the concerned investigating agency at

                Dharamshala, District Kangra, H.P.




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       (iii) In the light of the aforesaid, nothing survives in this

                Application. Hence, the Anticipatory Bail Application

                No.1146 of 2026 is disposed off.



                                                    (SANDESH D. PATIL, J.)




RaJesh Chittewan, PS                                                          4/4
                Digitally signed by
RAJESH          RAJESH VASANT
VASANT          CHITTEWAN
CHITTEWAN       Date: 2026.05.22
                20:17:50 +0530