NIRAJ TIRTHKUMAR NAVLANIversusTHE STATE OF MAHARASHTRA

2026:BHC-AUG:1103
                                                             Bail Appln.No.2143/2025
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                    IN THE HIGH COURT OF JUDICATURE OF BOMBAY

                               BENCH AT AURANGABAD


                          BAIL APPLICATION NO.2143 OF 2025


            Niraj Tirthkumar Navlani                 … APPLICANT

                    VERSUS

            The State of Maharashtra                 … RESPONDENT

                                            .......
            Mr. A.A. Fulfagar, Advocate for applicant
            Mr. S.D. Ghayal, A.P.P. for respondent – State
                                            ....…

                                  CORAM : SACHIN S. DESHMUKH, J.

                                  DATE      : 13th JANUARY, 2026

            PER COURT :


            1.         By this application, the applicant seeks his release on

            regular bail in connection with Crime No.06/2024, registered with

            Dharashiv Cyber Police Station, District Dharashiv for the offences

            punishable under Section 420 of the Indian Penal Code and

            Sections 66(C) and 66(D) of the Information Technology Act.


            2.         The prosecution case is that, the informant was added

            in one Whatsapp group and he was called upon to buy certain

            shares.   Therefore, he deposited certain amount through RTGS
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from his bank account. After initial transactions one person namely

Diya has shared one Whatsapp number and profit from the

transaction was shown on the said app. The informant also earned

and withdrew some amount, however, later on, when he kept on

depositing amounts after certain transactions, the person on

Whatsapp number stopped responding him and his amount was

not withdrawn. Therefore, the informant lodged the report.


3.          Learned counsel for the applicant submits that, the

applicant has been arrested on 13/10/2025 and since then he is

custody.   There is no recovery at the instance of the present

applicant. The investigation of the crime is complete and there is

nothing to be recovered at the instance of the applicant. It is further

submitted that, the co-accused is released on bail by this Court.

Moreover, the applicant is also released on bail in relation to the

same incident registered at Pimpri Chinchwad Cyber Police

Station. Hence, prayed to allow the application.


4.          Learned A.P.P. has opposed the application, submitting

that the offence is serious in nature and expressed the

apprehension that there is possibility of applicant fleeing away if

released on bail.
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5.          Having heard the submissions of both the sides and

upon perusal of record including the chargesheet indicates that,

initially the F.I.R. was lodged against unknown person.             The

applicant came to be arrested during the investigation along with

other co-accused. One of the co-accused namely Shalin has been

released on bail by this Court in Bail Application No.314/2025, vide

order dated 21/3/2025. As such, on the ground of parity also the

applicant deserves to be released on bail.


6.          The record further indicates that, in respect of same

offence, another crime against the applicant was registered at

Pimpri Chinchwad Cyber Police Station.          In the said case, the

applicant is already enlarged on bail.


7.          Nevertheless, the investigation is complete for all

intents and purposes and considering the number of witnesses

which the prosecution is likely to examine during the course of trial,

the trial is unlikely to conclude within a reasonable period.

Therefore, in my considered opinion, indefinite incarceration of the

applicant   is   unjustified.   Thus,     the   application    warrants

consideration, and accordingly, the discretion deserves to be

exercised in favour of the applicant. Hence the order :
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                              ORDER


(i)       Bail Application is allowed.

(ii)      The applicant Niraj Tirthkumar Navlani be released on bail

          on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty

          Thousand) with one solvent surety of the like amount in

          the above crime, on the conditions that :

        (a)     The applicant shall not tamper with the prosecution

                witnesses.

        (b)     The applicant shall remain present on each date,

                unless exempted by the trial Court.

(iii)     Needless to state that, the observations rendered herein

          are confined to the present application, and the trial Court

          shall not be influenced by the same.




                               (SACHIN S. DESHMUKH, J.)




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