TARUN VISHWANATH SHENAIversusTHR UNION OF INDIA AND ANR

P.H. JAYANI                                             906 BA2129.2026.DOC


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

                 BAIL APPLICATION NO. 2129 OF 2026

Amit Suresh Dube                                         …. Applicant
      V/s.
The State of Maharashtra                               …Respondents

                              WITH
                 BAIL APPLICATION NO. 1833 OF 2026

Tarun Vishwanath Shenai                                  …. Applicant
     V/s.
The Union of India and anr.                            …Respondents


Mr. Sudeep Pasbola, Sr. Advocate a/w. Mr. Satyaram Gaud,
Mr. Chinmay Godse, Adv. Usama Memon and Adv. Shikam Shah
for the applicant in BA/2129/2026.
Mr. Sanjeev Kadam, Sr. Advocate a/w. Mr. Prashant Rawal,
Mr. Akshay Bhalerao and Mr. Ganesh Nagargoje for the applicant
in BA/1833/2026.
Mr. Sunil Gonsalves, Special PP a/w. Mr. Abhijeet Sarnobat for the
Respondent – CBI, ACB, Mumbai.
Mr. Vinit Kulkarni, APP for the Respondent – State.


                            CORAM:       SHYAM C. CHANDAK, J.
                            DATED :      27th AUGUST, 2026

P.C. :-

1.        Heard learned Counsel for the parties. Perused the record.

2.        The applicants seek their release on bail in connection with
RC0262025A0038 of 2025 registered with CBI, ACB, Mumbai for
the offence punishable under Sections 61(2), 318(2), 319(2),
336(3), 338, 340(2) and 351 of the Bharatiya Nyaya Sanhita, 2023;
Sections 7 (a) and 12 of the Prevention of Corruption Act, 1988;
Sections 66C and 66D of the Information Technology Act, 2000


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P.H. JAYANI                                            906 BA2129.2026.DOC



and Sections 20 and 25 of the Indian Telegraph Act, 1885 on the
Report dated 24.07.2025 filed by Amit Vasava, Superintendent of
Police, CBI, ACB, Mumbai.

         The Respondent-CBI has opposed the applications with the
Affidavits of Shashank Singh, Inspector of Police ,CBI,ACB,
Mumbai.

3.       The prosecution case is that pursuant to a credible
information received from reliable source that the applicant- Amit
Dube and others conspired with each-other and pursuant to their
criminal conspiracy and in furtherance of their common intention,
were committing financial fraud via impersonation and phishing
calls originating from an illegal call centre by deceptive calls
impersonating as the Government authorities. Said call centres
were operating from Pune using spoofed number and VoIP
infrastructure and obtained proceeds of crime via Hawala/crypto
currency.

         Investigation revealed that the accused persons posed as the
personnel of enforcement agencies in US such as IRS (Internal
Revenue Service of USA), or USCIS (U.S. Citizenship and
Immigration Services), or Indian High Commission officials in the
U.S. or as Amazon/Apple Customer Service officers. Mostly, the
victims were threatened by posing as one of the above and
claiming that their social security numbers were compromised and
they are being used for illegal activities like calling for parcel of
drugs, psychotropic substance etc. Once the US citizen fell prey to
the scammers’ modus oprendi, the caller used to lure them to help
for avoiding legal action including arrest by enforcement agencies
in lieu to service charges ranging from USD 500-3000.
Information also revealed that the victims were asked to withdraw

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P.H. JAYANI                                              906 BA2129.2026.DOC



money from their bank account and purchase gift vouchers.
Subsequently they were asked to share the 16-20 digit gift voucher
number along with their PIN, so that the amount can be redeemed
by the scammers. In case of payment exceeding 3000 USD, the
victim was asked to buy Bitcoins from nearby ATM/Bitcoin box
and subsequently transfer the same to the Bitcoin wallets of the
scammers.

         These scammers lured the gullible US citizens through a
variety of sophisticated deceptive means by using digital means in
order to extort money and thereby committing cyber fraud. These
cyber fraudsters thus, with the help of illegal call centre, earned
profit ranging between Rs.3-4 crores per month.

         Information also revealed that these cyber fraudsters were
being helped by various unknown bank officials of Public sector
and private sector banks who were abusing their official position
in the opening and operating various mule accounts used for
transferring the cyber fraud amounts by use of false & forged KYC
documents of individual without proper due diligence and
verification in violation of RBI and Individual Bank guidelines and
thus causing undue advantage to such private persons. It was also
informed by the source that these persons were parking such
extorted      money   in   Mumbai     and    other   places   in   mule
accounts/crypto currency/cash by these fraudsters.

         The scamsters working in these illegal call centres were
known as diallers and closers, who are paid salary in cash which is
managed through Hawala players sitting in U.S. as well as India
(mostly in Gujarat/Maharashtra).




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P.H. JAYANI                                               906 BA2129.2026.DOC



         In the backdrop, the aforesaid RC0262025A0038 was
registered under the relevant statutes on 24.07.2025. Further, the
team led by IO Shashank Rathore searched the locations of the
accused persons at Mumbai and Pune on 24.07.2025. An illegal
call centre was discovered on the top floor of A.S Park Apartment,
Bombay Sappers Colony, Vadgaon Sheri, Pune. Total of 15 persons
were found in the illegal call centre. Of them 11 were callers, who
talked with the USA based victims on phone by impersonation.
Total of 27 phones and 17 laptops were seized from the illegal call
centre. Scripts were found on the laptops which clearly describes
the modus operandi used by the callers to cheat the victims. The
entire system was organized and managed by the applicants and
Savio Gonsalves and, they also supervised and managed 11 ‘callers’
and 1 closer under them for a monthly salary and incentive.

         During Investigation statement of employees of the call
center were recorded. They disclosed the modus operandi of the
scam,         confirming   that   applicant     Amit   Dube   was   the
operator/organizer of the illegal call centre and that he alongwith
applicant Tarun Shenai had been briefing new hires on how to
dupe U.S. citizens. Tarun Shenai was identified as a key partner in
the operation. Furthermore, one of the accused, Savio Gonsalves,
was confirmed to be working as a ‘closer’ - a role that involved
finalizing scam calls and securing fraudulent payments from
victims. The callers confessed the cheating that was being done
from the illegal call centre. The entire modus operandi, the
softwares used, the way victim’s money was taken etc. was
confessed in detail.

         During Investigation, the Whatsapp chats between the
callers and the accused who were organizers of the call centre


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P.H. JAYANI                                             906 BA2129.2026.DOC



revealed certain incriminating discussion about payments and
incentives. Accused Savio Gonsalves was seen to be giving weekly
reports to applicant Amit Dube about the total collection done. A
Whatsapp group named as “Champions” where applicant Amit
Dube @ Roy was the admin, clearly depicted his role as manager
and owner of the fake call center group. The group members were
Roystern, Necia Fernandes, Savio Gonsalves, Reuel and others
who were pseudonyms of the callers found to be working at the
fake call center during the search by CBI on 24.07.25.

         It was revealed that some person named as Kamesh Sutariya
@Kabir was providing the Vici Dialer Software Services to receive
incoming VoIP calls from the victims based in USA. The chat
between Kamesh and applicant Tarun Shenai proved that he was
instrumental in running the fake call center racket. From the
digital devices found in the possession of Kamesh Sutariya, it was
revealed that he was providing services of Talkatone App which is
a calling app that let the accused persons choose any U.S. phone
number to appear on calls to the victims in USA. This
substantiates his role in providing calling services.

4.       Mr. Pasbola and Mr. Kadam, both learned Senior Counsel
appearing for the respective applicants submitted that there is no
material on record indicating that foreign nationals were cheated
with the help of the alleged conspiracy and operating the fake call
centre. Except statements of the witnesses that the applicants were
involved in Hawala transactions and thereby they gained crores of
rupees through this crime, there is no evidence to that effect. The
offence is punishable with maximum imprisonment of seven
years. The applicants are in jail for last 13 months and their



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P.H. JAYANI                                                        906 BA2129.2026.DOC



further detention is not required. The applicants have no criminal
antecedents and, therefore, the applicants may be released on bail.

5.       In response, Mr. Gonsalves, learned Special PP for the CBI
submitted that the examination of the mobile phones, laptops, the
electronic evidence including whatsapp chats collected during
investigation, clearly show that the applicants were running the
fake call centre. They used to contact US nationals impersonating
as Officers of U.S. IRS or USCIS. Further, the accused used to
cause digital arrest of the victims and compel them to purchase
gift cards etc. The monetary consideration of the gift cards etc.
used to be collected in the crypto currency account from where the
amount used to be withdrawn and sent to India through Hawala.
The statements of the witnesses indicate that every month about 3
to 4 Crores were wrongfully gained by the applicants and their co-
accused through this crime. Thus, there is a prima facie case
against the applicants of having committed the alleged offence.
The offence is serious. Mr. Gonsalves submitted that steps have
been taken under Section 112 of BNSS investigation further and
identify the victims of the crime. Therefore, bail be refused. Mr.
Gonsalves has cited the following cases :-
 Re : Victims of digital arrest related to Hon’ble Supreme Court Suo Moto Writ
forged documents                           Petition (Criminal) No(s).3 of 2025 dated
                                           17.10.2025 and 01.12.2025.
Kurt Mansharamani and Ors. v. State Calcutta High Court CRR 2813 of 2025 dated
of West Bengal                      01.08.2025
Ashok Kumar and Ors. v. State of NCT Delhi High Court Bail Application No.40 of
of Delhi                             2026 with others dated 22.04.2026
Kuldeep Sharma v. The State of Madhya Pradesh High Court Misc. Criminal
Madhya Pradesh                 Case No.55471 of 2025 dated 23.01.2026
S. Manjesh v. State of Haryana         Punjab and Haryana High Court CRM-M-
                                       20298-2026 dated 18.05.2026
Paul Onyeji Atuh v. The State NCT of Delhi High Court Bail Application No.4334
Delhi                                of 2023 dated 11.07.2025
Amardeep Sharma and Ors. v. Central Delhi High Court Bail Application No.164 of
Bureau of Investigation and Ors.    2026 with others dated 21.01.2026


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P.H. JAYANI                                            906 BA2129.2026.DOC



6.       I have considered these submissions in the light of the
material on record. Considering the investigation material, it
prima facie appears that the applicants have orchestrated this
crime and played a major role to give effect to their conspiracy.
However, till date, no communication has been received to the
Respondent – CBI from U.S. thereby claiming that certain U.S.
nationals were cheated with the help of the fake call centre run by
the accused persons. Mr. Gonsalves submitted that a letter under
Section 112 of the Bharatiya Nagarik Suraksha Sanhita (BNSS),
2023 has been sent to the Central Government for further
investigation in the matter through the Interpol/Investigation
Agency based in the US. However, till date, no response is received
from the law enforcement agency concerned in the U.S. Therefore,
how and to whom the applicants and their co-accused have
cheated, is the subject matter of trial.

6.1      Mr. Gonsalves submitted that the statements of the
witnesses Dharmik Patel, Kalpesh Thakor, Ram Ranchod
Prajapati and Vishal Saroj pointed by Mr. Gonsalves mentions that
they used to collect Hawala money from some Angadia persons
and hand it over to the applicants and their co-accused persons.
However, the name of these Angadia persons are neither
mentioned in the statements of these witnesses nor any
investigation has been attempted to ascertain the said Angadia
persons who used to collect money as per the instructions received
from abroad. In view thereof, whether the applicants used to earn
fraudulent money from Hawala is also question of trial.

         It is alleged that unknown servants of various public and
private banks are involved in the crime. However, Mr. Gonsalves
could not tell as to why, till the date, not a single employee of such


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P.H. JAYANI                                                906 BA2129.2026.DOC



banks is identified and arrested in the crime. Nothing is pointed
from the record to show that crores of rupees were parked in the
said banks.

         It is not clarified as to what investigation is made after filing
of the charge-sheet. Therefore, it appears that, the investigation
related to the applicants is completed and further detention of the
applicants in jail is not required for any purpose. It is not
satisfactorily explained as to how the release of the applicants
would hamper the further investigation and result in tampering
with the evidence collected or remained to be collected. The
applicants have no criminal antecedents. Mr. Pasbola, the learned
Senior Counsel submitted that the alleged offence is punishable
with maximum imprisonment of seven years. The applicants are
behind bars for last 13 months. The applicants are not likely to
abscond. Therefore, and considering the entire allegations, the
applicants may be released on bail with stringent conditions.
Hence, the following Order :-

         (i)    The applicants – Amit Suresh Dube and Tarun
         Vishwanath     Shenai    shall    be   released   on    bail   in
         RC0262025A0038 of 2025 registerd with CBI, ACB,
         Mumbai for the offences punishable under Sections 61(2),
         318(2), 319(2), 336(3), 338, 340(2) and 351 of the BNS;
         Sections 7(a) and 12 of the PC Act ; Sections 66C and 66D of
         the IT Act and Sections 20 and 25 of the Indian Telegraph
         Act, on their executing P.R. Bond in the sum of
         Rs.2,00,000/- each with one or more sureties in the like
         amount.

         (ii)   The applicants shall mark their attendance at CBI,
         ACB, Mumbai on 1st and 16th day of each calender month

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                      P.H. JAYANI                                                906 BA2129.2026.DOC



                               between 11:00 a.m. to 2:00 p.m. till conclusion of the trial
                               and co-operate in further investigation.

                               (iii)   The applicants shall regularly attend the proceedings
                               before the jurisdictional Court unless exempted by the said
                               Court, for the reasons to be recorded in writing.

                               (iv)    The applicants shall not tamper with the prosecution
                               evidence and shall not influence upon the prosecution
                               witnesses to prevent them from deposing against them.

                               (v)     On being released from jail, the applicants shall
                               furnish their contact number and residential address to the
                               Investigating Officer and shall keep him updated, in case
                               there is any change.

                               (vi)    The applicants shall not leave Mumbai till conclusion
                               of the trial.

                               (vii)   The applicants shall surrender their Passport with the
                               Respondent-CBI.
                               (viii) The applicants shall not indulge in identical activities
                               for which they have been arraigned in this case.

                               (ix)    It is clarified that any observation made in the present
                               Order are for the purpose of deciding the present Bail
                               Applications and should not influence the outcome of the
                               trial and also not be taken as an expression of opinion on the
                               merits of the case.

                      7.       Bail Applications stand disposed of in aforesaid terms.



  PREETI                                                 (SHYAM C. CHANDAK, J.)
  HEERO
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.08.31                                        Page 9 of 9
18:11:43 +0530