Bombay High Court

PARAS VIJAYKUMAR LUFFAversusTHE STATE OF MAHARASHTRA

Decided: 27 August 2026
Disposal: Allowed

Holding

Bail was granted to Paras Vijaykumar Luffa subject to conditions.

Summary

Paras Vijaykumar Luffa applied for bail in a case involving alleged cyber fraud under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(C) and 66(D) of the Information Technology Act, 2000. The prosecution alleged that amounts of Rs.50,000 and Rs.49,900 were debited from an informant’s bank account and credited to the applicant’s account and to other co‑accused, constituting a fraudulent scheme. The applicant’s counsel argued that the fraud amount has been recovered, two co‑accused are already on bail, and the investigation is complete, so continued detention is unnecessary. The State contended that the applicant facilitated the opening of the bank account and was a direct beneficiary, warranting denial of bail. The court, noting the similarity of accusations to co‑accused already released, the lack of any risk of absconding or evidence tampering, and the applicant’s clean record, granted bail with standard conditions. The bail order was issued, disposing of the application.

Issues considered

What is the appropriate decision on the bail application of the accused under the provisions of the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act, 2000?

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 318(4)
Information Technology Act, 2000 — s. 66(C), 66(D)

Subjects

bail
cybercrime
financial fraud
Information Technology Act
Bharatiya Nyaya Sanhita
section 66C
section 66D
section 318(4)
bank account fraud
bail conditions

Judgment

HEMANT                                                                    912.BA2474.26.DOC
CHANDERSEN
                      H.C.SHIV

SHIV

Digitally signed by
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HEMANT                                CRIMINAL APPELLATE JURISDICTION
CHANDERSEN SHIV
Date: 2026.08.28
16:33:08 +0300                          BAIL APPLICATION NO.2474 OF 2026

                      Paras Vijaykumar Luffa                                    …. Applicant
                            V/s.
                      The State of Maharashtra                                 …Respondent


                      Mr. Arif Z. Khan with Shilpa Sharma, Amit Yadav, Sufyan
                      Mirchiwala, Jasmine Karimi, Humaira Shaikh, Ms. Noor Saba,
                      Akshay Bhalerao, Ali Jawad, Majid Khan, Shahnawaz Merchant
                      i/b Arif Z. Khan & Co. for the Applicant.
                      Mr. T. G. Khan, 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 applicant seeks his release on bail in connection with
                      Crime No.701 of 2026, registered with Chunabhatti Police Station,
                      Mumbai for offence punishable under Sections 318(4) of the
                      Bharatiya Nyaya Sanhita, 2023 and Sections 66(C), 66(D) of the
                      Information Technology Act, 2000 on the report filed on
                      30.12.2025 by the informant Bapurao Shirke.

                      3.         The prosecution case is that, on 03.12.2025 the informant
                      received messages on his mobile phone that Rs.50,000/- and
                      Rs.49,900/- were debited by unknown persons from his bank
                      account maintained with Bank of Baroda. Therefore, said crime
                      came to be registered. Investigation revealed that said debited
                      amount of Rs.49,900/- was credited in a NRI account and
                      Rs.50,000/- was credited in the bank account of the applicant
                      maintained with Indian Overseas Bank. Further, the amount of


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H.C.SHIV                                           912.BA2474.26.DOC



Rs.50,000/- was credited in the bank account of M/s.Mahalaxmi
Garments, a partnership firm owned by other accused namely,
Shivkumar Shahabad, Manohar Randive and wanted accused-
Sundar Londhe. Thus, these accused and other accused persons
cheated the informant. Investigation revealed that from 25.11.2025
to 03.12.2025, financial transactions of total Rs.77,82,354/- were
done in the said bank account of the applicant.

4.         Mr. Arif Khan, learned Counsel for the applicant submitted
that entire fraud amount of the informant is recovered from one of
the co-accused. Two co-accused have been released on bail. The
investigation is over. Therefore, he may be released on bail.

5.         In reply, Mr.Khan, learned APP submitted that the applicant
had aided the co-accused to open the bank account in his name to
execute their fraudulent scheme. The fraud amount was directly
credited in bank account of the applicant. Thus, the applicant was
the active participant and direct beneficiary in the Cyber crime.
Hence, he should not be released on bail.

6.         I have considered these submissions. The accusations
against the applicant and two co-accused namely Sujal Tandelkar
and Sanket Sharma are similar. Only distinction is that, the bank
account in the name of the applicant was opened at the instance of
the said two co-accused. Mr. Arif Khan submitted that both
accused Sujal Tandelkar and Sanket Sharma have been released
on bail. The fraud amount is recovered from one of the co-accused.
The applicant is in jail from January 2026 and, his detention in
jail is not necessary for further investigation. There is no
likelihood of the applicant absconding or tampering with the
evidence. He has no criminal antecedents. Therefore, I am
inclined to grant the bail. Hence, following Order :-

                                 Page 2 of 3
H.C.SHIV                                             912.BA2474.26.DOC



(i)        The Applicant – Paras Vijaykumar Luffa be released on bail
in aforesaid FIR bearing Crime No.701 of 2026, registered with
Chunabhatti Police Station, Mumbai, on his executing P.R. Bond
in the sum of Rs.50,000/- with one or two sureties in like amount.

(ii)       The Applicant shall mark his attendance at Chunabhatti
Police Station, Mumbai on 1st day of each calendar month between
11:00 a.m. to 2:00 p.m. till conclusion of the trial.

(iii)      The Applicant shall regularly attend before the trial Court.

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

(v)        The Applicant shall not tamper with the prosecution
evidence and shall not directly or indirectly influence upon the
prosecution witnesses to prevent them from deposing against him.

(vi)       The Applicant shall not indulge in identical activities for
which he has been arraigned in this case.


(vii) It is clarified that any observation made in the present order
are for the purpose of deciding the present Bail Application and
should not influence the out come of the trial and also not be taken
as an expression of opinion on the merits of the case.

7.         Bail Application stands disposed of in aforesaid terms.



                                   (SHYAM C. CHANDAK, J.)




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