Bombay High Court
PREET TUSHAR TRIVEDIversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- ANTICIPATORY BAIL GRANTED
Holding
The court allowed the anticipatory bail application, confirming interim protection subject to specified conditions.
Summary
The applicant, Preet Tushar Trivedi, sought anticipatory bail after an FIR (Crime No. 119 of 2025) alleged that he transferred Rs. 9.40 lakh from a complainant's crypto wallet without consent, violating Sections 318(4) and 319(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(C) and 66(D) of the IT Act, 2000. The applicant argued that the alleged transfer required password/OTP, that no consent was given, and that he had not derived any wrongful gain, offering to cooperate fully with the investigation. The State contended that the applicant’s mobile phone was essential for investigation and that he had used the complainant’s phone to obtain screenshots. The court noted that no evidence showed the amount was transferred to the applicant’s account and that the applicant had complied with interim protection by attending the police station on seven occasions. Consequently, the court confirmed the interim protection and granted anticipatory bail, imposing conditions such as surrendering his mobile phone, providing address and Aadhar details, not contacting the complainant or witnesses, and cooperating with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the applicant in view of the allegations under the Bharatiya Nyaya Sanhita and the IT Act.
- Whether the applicant’s cooperation and attendance before the police satisfy the requirements for bail.
- What conditions, if any, should be imposed on the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2)
- Information Technology Act, 2000 — s. 66(C), 66(D)
Subjects
- anticipatory bail
- cybercrime
- crypto wallet
- unauthorised transfer
- IT Act
- Bharatiya Nyaya Sanhita
- bail conditions
- investigation cooperation
Judgment
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”).
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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 27 th
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
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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.
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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
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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/-
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