ANUJ SATENDRA SAXENAversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:46472
                                                                      39-ABA-1328-2026.odt



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                     39 ANTICIPATORY BAIL APPLICATION NO. 1328 OF 2026

                                     Anuj Satendra Saxena
                                            Versus
                             The State Of Maharashtra And Another

          Ms. P. R. Dubey, Advocate for Applicant
          Mrs. R. P. Gour, APP for Respondents/State

                                                          CORAM :R.M. JOSHI, J
                                                          DATE  :OCTOBER 05, 2026

          P. C. :

          1.           Applicant apprehends arrest in connection with C.R. No.

          12/2025 registered with Police Station Ahilyanagar Taluka, District

          Ahilyanagar for the offences punishable under Sections 318(4), 336(3),

          340(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 66(D) of the

          Information and Technology Act.


          2.           First information report indicates that this is a case of digital

          arrest and fraud being played upon the informant, who is doctor by

          profession and he was pressurized to pay sum of Rs.7.17 crores. As far as

          allegations against present Applicant is concerned, sum of Rs.4.03 crores

          went to his account and subsequently withdrawn.


          3.           Learned Counsel for the Applicant submits that Applicant is

          running a charitable institution and one Vinit Shrivastava approached him

          with proposal of donation of Rs.20,00,000/- to be paid to Sanstha. In

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response thereof, he went to Delhi and poojas were performed for a period

of five days. On 08.10.2026, he found that his mobile phone was hacked

and the amount of Rs.4.03 crore came to be deposited into his account and

was withdrawn on the same day i.e. 09.10.2026. It is her submission that

considering the fact that the Applicant was approached for the purpose of

payment of donation, the bank details were provided to the said person. She

claims that in fact Applicant is victim of the crime and not perpetrator.

4.          Learned APP opposed grant of any relief to the Applicant by

submitting that the competent Court at Kanpur has taken the cognizance of

the offences and application made by Applicant raising the said contention

came to be rejected. She drew attention of the Court to the facts of the case,

which according to her, indicate that it is practically impossible that sum of

Rs.4.03 crores could be withdrawn on single day owing to the limitation to

the number of transactions for the operation of account and cap for

withdrawals. It is her submission that there is prima face material on record

to show involvement of the Applicant in crime and his conduct for not

responding to the notice issued by the concerned police station.

5.          The offence in question is serious in nature. Needless to say that

there is increase in the number of persons being defrauded by digital arrests.

One of the important aspect in such cases including economic offence is that

different accounts are used for the purpose of receiving the money and the

said money is ultimately distributed to different accounts making it

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impossible to trace the trail of the money. Any frivolous or afterthought

explanation by the persons whose accounts are credited with crime money

would amount to lend encouragement to commission of such crimes.

6.          In the instant case, if it is a case of the Applicant that he was

lured into it by proposing the donation of Rs.20 lacs, apparently the

Applicant has to show that there was hacking of his mobile phone. There is

absolutely no material on record to indicate so and if any such defence is

allowed to be taken and accepted, there cannot be any investigation into

any crime of this nature. The Hon’ble Supreme Court in Suo Moto Writ

Petition(Criminal) No(S). 3/2025 (In Re: Victims Of Digital Arrest Related

To Forged Documents) has taken serious view in respect of the offences of

digital arrest and guidelines are issued for the purpose of investigation

thereof. Having regard to the same and also in view of the fact that huge

amount of Rs.4.03 crores has been deposited into the account of Applicant,

which is essentially operated by him and also in view of order passed by

competent Court at Kanpur, this Court finds no reason or justification to

protect liberty of the Applicant. Needless to say that custodial interrogation

in such cases is absolutely necessary in order to investigate into the crime

and find perpetrators and real culprit thereof.

7.          In view of the above, Application stands dismissed.


                                                     (R. M. JOSHI, J.)
Malani




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