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Bombay High Court

AVINASH DNYANOBA BAKALIKARversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court granted bail to the applicant on a personal bond of Rs.30,000 with sureties, subject to conditions.

Summary

The applicant, Avinash Dnyanoba Bakalikar, sought regular bail for offences under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(c) and 66(d) of the Information Technology Act, 2000, relating to an alleged fraud of Rs.19.80 lakh. The prosecution alleged that the applicant and co‑accused induced an informant to invest and then cheated him, with the applicant receiving Rs.2 lakh, of which Rs.1.35 lakh was seized and Rs.65,000 was deposited with the trial court. The applicant had been in custody for over 15 months with no trial progress. The defense argued that the main allegations were against co‑accused and that the applicant had shown bonafide by depositing money. The court, after considering the risk of absconding or witness tampering, granted bail on a Rs.30,000 personal bond with sureties and imposed standard conditions, ordering the applicant to cooperate with police and not tamper with evidence.

Issues considered

  • Whether bail should be granted to the accused in a cyber‑fraud case involving sections of the BNS Act and IT Act, considering the nature of the offences and the risk of absconding or tampering with evidence.

Legislation cited

Subjects

  • bail
  • cybercrime
  • fraud
  • Bharatiya Nyaya Sanhita
  • Information Technology Act
  • criminal procedure
  • surety bond
  • trial delay

Judgment

                                                                                    26-BA-2253-2025 (CR).doc


                             S.S.Kilaje


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION
                                                 BAIL APPLICATION NO. 2253 OF 2025

                             Avinash Dnyanoba Bakalikar                                ….Applicant

                             VERSUS

                             State Of Maharashtra                                      …..Respondent
                             _________________________________________________________________
                             Mr. Niranjan Bhavake a/w. Ms. Drishti Madhani, Mr. Anurag Ramekar and
                             Ms. Vaishnavi Chore i/b. Mr. Sushant J. Tayade, Advocates for the
                             Applicant.
                             Mr. B. B. Kulkarni, APP for the Respondent – State.
                             PSI – V.U.Patil, Cyber Police Station, Pimpri Chinchwad, present.
SONALI by
          Digitally signed
          SONALI
                             _________________________________________________________________
       SATISH KILAJE
SATISH Date:
       2026.02.05
KILAJE 10:41:11
       +0700

                                                                   CORAM       :   SHIVKUMAR DIGE, J.
                                                                   DATE        :   2nd FEBRUARY, 2026.
                             P.C. :



                             1.            By this application, the applicant is seeking regular bail in

                             C.R.No. 1 of 2024 registered with Pimpri Chinchwad Cyber Police Station,

                             Pune, for the offences punishable under Sections 316(2), 318(4) of

                             Bharatiya Nyaya Sanhita, 2023 (for short “BNS Act”) and Sections 66(c)

                             and 66(d) of I.T.Act, 2000.

                             2.            It is prosecution’s case that from 25.07.2024 to 08.10.2024, the

                             applicant and co-accused persuaded the first informant to invest the

                             amount in their company and cheated him for Rs.19,80,000/-.

                             3.            It is contention of learned counsel for the applicant that the


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S.S.Kilaje


main allegations are against the co-accused. The allegations against the

applicant are of receiving two lakhs out of the fraud amount. He has

deposited the amount of Rs.65,000/- before the Trial Court to show his

bonafide and Rs.1,35,000/- is already seized. The applicant is behind bars

for more than 15 months. There is no progress in the trial and requested

to allow the application.

4.           It is contention of learned APP that the applicant and co-

accused cheated the first informant. If the applicant is released on bail, he

may abscond or threaten prosecution witnesses. Hence, requested to reject

the application.

5.           I have heard both the learned counsel. Perused chargesheet

and documents produced on record. The main allegations are against the

co-accused Ravi Agarwal. The allegations against the applicant are that he

has received Rs.2 lakhs out of total fraud amount. The police has seized

Rs.1,35,000/- from the applicant and the applicant has deposited,

Rs.65,000/- before the Trial Court to show his bonafide. The applicant is

behind bars for 15 months. Considering these facts, I pass following order.

                                     ORDER

                i.   The applicant be enlarged on bail in C.R.No. 1 of 2024

                     registered with Pimpri Chinchwad Cyber Police

                     Station, Pune, on executing P.R.Bond of Rs. 30,000/-


                                 Page 2 of 3
                                                        26-BA-2253-2025 (CR).doc


S.S.Kilaje


                        on furnishing one or two sureties in the like amount.

                 ii.    The applicant shall attend the concerned police station

                        as and when required.

                 iii.   The applicant shall not tamper with the evidence or

                        attempt to influence or contact the complainant,

                        witnesses or any person concerned with the case.

6.           The application is allowed in the aforesaid terms and is

accordingly disposed of. All pending applications, if any, disposed of.

7.           It is made clear that the above observations are made only for

the purpose of granting bail and the Trial Court shall decide the case on its

own merits in accordance with law and uninfluenced by the observations

made in this order.

8.           All concerned to act on the authenticated copy of this order.




                                                  (SHIVKUMAR DIGE, J.)




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