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Bombay High Court

DURGESH SARWJET SINGHversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that bail should be granted to both accused as the prosecution failed to establish a prima facie case.

Summary

The Bombay High Court considered two bail applications filed by Vishal Yadav and Durgesh Singh, accused of operating an illegal call centre that allegedly defrauded Canadian nationals. They were charged under multiple provisions of the Bharatiya Nyaya Sanhita, the Prevention of Corruption Act, the Information Technology Act and the Telecommunications Act. The prosecution’s case relied on a voluminous charge‑sheet but failed to produce a prima facie financial trail or demonstrate that the applicants received any proceeds. The court noted the lack of specific evidence linking the accused to recruitment, payment or benefit, and held that the antecedent criminal history did not outweigh the presumption of innocence. Consequently, the court granted bail to both applicants subject to stringent conditions.

Issues considered

  • Whether the prosecution has established a prima facie case sufficient to deny bail under the cited statutes
  • Whether the accused’s alleged role in the illegal call centre warrants pre‑trial detention
  • Whether prior criminal antecedents affect the grant of bail
  • Whether the conditions imposed are appropriate under the Bharatiya Nyaya Sanhita

Legislation cited

Subjects

  • bail
  • illegal call centre
  • money laundering
  • cybercrime
  • Prevention of Corruption Act
  • Information Technology Act
  • Telecommunications Act
  • Bharatiya Nyaya Sanhita
  • prima facie evidence
  • bail conditions

Judgment

                                                                                   27.BA.384.2026.doc

Ravindra M. Amberkar

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

                                   BAIL APPLICATION NO. 384 OF 2026

                 Vishal Tejhbahadur Yadav                                     Applicant
                                                                           .. (Accused No. 3)
                            Versus
                 The State of Maharashtra & Anr.                           .. Respondents

                                                WITH
                                  BAIL APPLICATION NO. 1111 OF 2026

                 Durgesh Sarwjet Singh                                        Applicant
                                                                           .. (Accused No. 2)
                            Versus
                 The State of Maharashtra & Anr.                           .. Respondents

                                                ....................
                      Mr. Ali Kasshif Khan Deshmukh a/w Ms. Snigdha Khandelwal, M.
                       Farid Shaikh, Mr. Jafar Khan, Mr. Tauqeer Alam & Mr. Abrar
                       Burondkar, Advocate for Applicant in BA 384/26
                      Mr. Mohammad Shayan Usmani a/w Ms. Sakshi Baadkar, Advocate
                       for Applicant in BA 1111/16
                      Mr. Sukanta A. Karmakar, APP for State
                      Mr. Kuldeep Patil a/w Ms. Saili Dhura, Mr. Anay Joshi & Mr.
                       Sumitkumar Nimbalkar, Advocate for Respondent No. 2
                                                 ...................

                                                CORAM : MILIND N. JADHAV, J.
                                                DATE          : AUGUST 24, 2026
                 P.C.:

                 1.      Heard Mr. Khan Deshmukh, learned Advocate for Applicant, Mr.

                 Karmakar in BA 384/26; Mr. Usmani, learned Advocate for Applicant

                 in BA 1111/16; Mr. Karmakar, learned APP for State and Mr. Patil,

                 learned Advocate for Respondent No. 2.


                 2.      This is a group of two bail applications. The Applicants are

                 arraigned as Accused No.1 and 2 in the crime. Accused No. 1 is 28

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years old and Accused No.2 is 29 years old. They are incarcerated for

the past one year. Sections invoked are 61(2) read with 318(2),

319(2), 336(3), 338, 340(2) and 351 of Bharatiya Nyaya Sanhita,

2023, under Sections 7(A) and 12 of Prevention of Corruption Act,

1988, under Sections 66(c) and 66(d) of the Information Technology

Act, 2000 and under Sections 3(1), 42(1) of the Telecommunications

Act, 2023.


3.   The prosecution case is that the accused persons were running a

call centre rather an illegal call centre from where they were targeting

Canadian nationals into making deposits and siphoning of the amounts

which were deposited. In so far as the issue of financial trail in such a

charge is concerned notwithstanding chargesheet of 8000 pages having

been filed, the same has not been established prima facie though it is

the prosecution case that the Applicants were actively involved rather

they were the protagonist for the call centre. The principal accused

persons are not yet apprehended.


4.   In so far as Accused No.1 - Durgesh Sarwjeet Singh is concerned,

he is represented by Mr. Usmani. He is a resident of Malad and has a

family comprising of his wife, mother, father and brother. His

antecedents as candidly informed by the Mr. Usmani are with regard to

Sections 324, 326, 506 and 509 of the IPC. He is also been indicted

under the Arms Act in the year 2016 which is almost 10 years ago



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during which time he must be of 18 years of age. In so far as the

present crime is concerned, his role as attributed by the prosecution to

him is that of supervisor of the persons who were the dialers, verifiers

and closers of the call script / centre.


5.   Mr. Patil has vehemently submitted that apart from the fact that

he played a principle role in the crime, rather in running the illegal

rented call centre, he is also been instrumental in leasing or taking on

rent the concerned premises from where the illegal / fake call centre

was being operated. Mr. Patil would submit that every three months

the crime syndicate operating in present case would change their

location so as to evade detection.


6.   Submissions made by Mr. Usmani are to the effect that active role

shown by the prosecution in either recruiting persons who were

employed or of delegation of any work to them or disbursement of any

payment to them is not attributed to accused No. 1 and hence, it

enures to the benefit of the Applicant and therefore he would persuade

the Court to consider the application for bail. Reliance is also placed by

the learned Advocate for the Applicant on the WhatsApp conversation

which prima facie does not show any active role of the Applicant.


7.   In so far as the role of Accused No.2 is concerned, his name is

Vishal Jadhav, he is represented by Mr. Khan-Deshmukh. He would

submit that the specific and precise role of the Accused No.2 has not


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been established by the prosecution. Neither the prosecution has been

able to show that the Applicant has been recipient or beneficiary of a

single rupee which came to be transferred to his bank account. He

would vehemently submit that if the charges invoked by prosecution

are seen, the monies had to come to the bank account and from the

bank account they were required to be transferred and only then they

could be shown as beneficiaries, but nothing of such sort has been

shown or attributed to the Applicants. He would submit that the

recovery which has been made by the prosecution is from the

Applicant’s house in Malad which is of Rs.1.2 Crores cash, 600 grams

of gold jewellery and seven cars. The prosecution has also recorded the

statements with regard to the business of the Applicant’s family

members otherwise. However, considering the case of the prosecution

and rather the case not being so precise and specific about both

Applicants' role, I am unable to accept the submissions of the

prosecution. In that view of the matter both Applicants have made out

a case for grant of bail. Both the accused – Applicants are released on

bail subject to the following terms and conditions:-


          (i)   Both the Applicants are directed to be immediately

                released from prison in connection with Crime No. RC

                0682025E0005/2025       registered     with   CBI,   EBO,

                Mumbai;

          (ii) Applicants are directed to be released on bail on

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              furnishing P.R. Bond of Rs. 1,00,000/- each (Rs. One

              Lakh each only) with one surety of the like amount;

         (iii) Applicants shall report to the concerned Investigating

              Officer, once every month on the first Sunday of the

              month between 10:00 a.m. to 12:00 p.m.;

         (iv) Applicants shall co-operate with the conduct of trial and

              attend the Trial Court on all dates, unless specifically

              exempted     and   will   not   take   any     unnecessary

              adjournments, if he does so it will entitle the

              prosecution to apply for revocation of this order;

         (v) Applicants shall not leave the State of Maharashtra

              without prior permission of the Trial Court;

         (vi) Applicants shall not influence with any of the witnesses

              or tamper with the evidence in any manner;

         (vii) Applicants shall keep the Investigating Officer informed

              of his current address and mobile contact number and /

              or change of residence or mobile details, if any, from

              time to time, as applicable; and

         (viii)Any infraction of the conditions shall entail cancellation

              of bail granted to the Applicant.

8.   Needless to state that the above observations will not come in the

way of trial as they are prima facie in nature based on the submissions

made and the material placed before this Court.

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           9.    Bail Application is allowed and disposed of in the above

           terms.




Amberkar                                      [ MILIND N. JADHAV, J. ]
                      Digitally signed
                      by RAVINDRA
           RAVINDRA   MOHAN
                      AMBERKAR
           MOHAN      Date:
           AMBERKAR   2026.08.24
                      20:25:16
                      +0530




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