Bombay High Court
AMAN BHOLA SINGHversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- PRAFULLA S KHUBALKAR
Holding
The Court held that the applicant failed to make out a case for anticipatory bail and therefore dismissed the application.
Summary
The applicant, Aman Bhola Singh, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre‑arrest bail in a case alleging illegal diversion of international telephone calls through a company called M/s Maindoevuvers Solutions Pvt. Ltd. The prosecution alleged that the company, lacking a licence from the Department of Telecommunications, was routing international calls illegally, violating several provisions of the Bharatiya Nyaya Sanhita, the Indian Wireless Telegraphy Act, the Indian Telegraph Act and the Telecommunications Act, 2023. The applicant contended that he was not employed by or a director of the company and that his mobile number was only used to register the company’s e‑mail ID, asserting a false implication. The State argued that the applicant was part of a larger racket and that the offences were serious, involving cheating the government and posing a national security threat. The Court examined the FIR, the charge‑sheet, and the seriousness of the offences and found that the applicant had not demonstrated any substantive connection warranting bail. Consequently, the Court rejected the anticipatory bail application.
Issues considered
- Whether the applicant is entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences.
- Whether the applicant's alleged connection to the company via his mobile number suffices to justify pre‑arrest bail.
- Whether the seriousness of the alleged offences precludes the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 303(2), 318(4), 319, 3(5), 61(2)
- Indian Telegraph Act — s. 20, 25, 4
Subjects
- anticipatory bail
- Section 482
- illegal telephone exchange
- international call diversion
- telecom licensing
- serious offences
- bail jurisprudence
Judgment
5-ABA-1591-25.doc
Rushi modhe
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1591 OF 2025
Aman Bhola Singh ...Applicant
V/S.
The State Of Maharashtra ...Respondent
Mr. Sushrut Jadhwar, for the applicant.
Mr. Afran Saif, APP, for the State
Mr. Prashant Gawde, PI (Unit-2 DCB, CID, Mumbai is present.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 22nd JUNE, 2026.
P.C. :-
1. Heard learned counsel for applicant and learned APP
for the state.
2. The applicant has filed the instant application under
Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
seeking pre-arrest bail in Crime No. 09 of 2026 registered with
DCB, CID, Unit-2 Station, (Boravali police station Crime
Register No. 64 of 2026) for offences punishable under Sections
318(4), 303(2), 61(2), 3(5), 238, 319 of the Bharatiya Nyaya
Sanhita, 2023, Section 3 and 6 of the Indian Wireless Telegraphy
Act, and Sections 4, 20, 25 of the Indian Telegraph Act, r/w
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Section 42(1), 42(2) of the Telecommunications Act, 2023.
3. It is the prosecution case that on the basis of a letter
dated 21st January 2026 issued by the Ministry of
Communication Department of Telecommunications to the
Assistant Commissioner of Police, Mumbai, it was informed that
a company by name M/s Maindoevuvers Solutions Pvt. Ltd. is
illegally diverting the international calls. It was informed that
while receiving any international calls an Indian number or no
number would appear on the receivers mobile and this was
facilitated by the said company. It is the prosecution case that
only Reliance Jio and Vodafone have been issued (ILD) licence
to receive international calls by the department of
Telecommunications, Government of India and the international
calls could be routed only through these licensees. It is the
prosecution case that on 23rd January 2026 a raid was conducted
at the premises of M/s Maindoevuvers Solutions Pvt. Ltd. and
the investigation machinery has recovered data from the Hard
disk with the help of cyber expert and it was found that the said
company was carrying out illegal Telephone exchange. On the
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basis of the preliminary inquiry, the FIR came to be registered.
4. The applicant has thereafter filed an application
seeking pre-arrest bail before the learned Sessions Court vide
ABA No. 615 of 2026 which came to be rejected by order dated
2nd April 2026. Thereafter the applicant has filed instant
application.
5. Mr. Sushrut Jadhwar learned counsel for applicant
submitted that the applicant is not directly connected with the
said company by name M/s Maindoevuvers Solutions Pvt. Ltd
and only because his mobile number is registered while
registering the e-mail ID of the said company a connection is
sought to be established. He submitted that the applicant is not
employed, nor is a Director of the said company and as such he
is falsely implicated.
6. As against this, learned APP for the respondents
opposed the application and submitted that the applicant is part
of the huge racket involved in the illegal act of routing the
international calls. It is submitted that the company by name
M/s Maindoevuvers Solutions LLP is not having any licence and
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therefore is not authorised to route the international calls. It is
also submitted that the App developed by the company bye
passes the registration of international calls and this amounts to
cheating with the government apart from causing monetary loss.
7. It has to be noted that the company by names M/s
Maindoevuvers Solutions Pvt. Ltd appears to be involved in the
act of illegally diverting the international calls. The Government
of India has issued the licences only to reliance Jio and Vadafone
to receive international calls. As such routing of the international
calls through any other company is an illegality thereby cheating
the government and causing heavy financial loss. Apart from this
it has to be noted that the acts of illegally diverting the
international calls also poses serious threat to the country as an
unknown person can be facilitated to receive international calls
without being detected and traced
8. It has also to be seen that the applicant’s mobile
number is used for the purpose of registration of e-mail ID of the
said company by name M/s Maindoevuvers Solutions Pvt. Ltd
and as such the applicants connection with the said company is
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clear.
9. Having regard to the allegations in the FIR and the
material collected by the investigating agency forming part of
the charge-sheet and considering the nature of offence being
very serious in nature, at this stage, I am of the opinion that the
applicant has failed to make out any case for grant of pre-arrest
bail. Hence, the instant application seeking pre-arrest bail is
rejected.
(PRAFULLA S. KHUBALKAR, J.)
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