Bombay High Court
UDAYKUMAR NAVINBHAI PAREKHversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
Bail was granted to the applicant on a personal bond with sureties, subject to conditions.
Summary
The applicant, Udaykumar Navinbhai Parekh, was charged under Sections 319(2), 318(4) read with 3(5) and 66(D) of the Information Technology Act, 2000 for allegedly opening multiple bank accounts and depositing large sums of fraudulent money. He had been in custody for over one year and six months with no significant progress in the trial, while a co‑accused facing similar charges had already been released on bail. The State argued that the applicant was a habitual offender and might abscond or tamper with witnesses. The court noted the prolonged pre‑trial detention, lack of victim complaints, and the precedent of bail to the co‑accused, and therefore granted bail on a personal bond of Rs.25,000 with sureties, imposing conditions to prevent evidence tampering and to cooperate with the investigation. The trial court was directed to continue the trial on its merits without being influenced by this order.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the cyber‑fraud offences and alleged antecedents.
- Whether the delay of more than one and a half years in the trial warrants bail.
- Whether the risk of the accused absconding or influencing witnesses outweighs the right to liberty.
Legislation cited
- Information Technology Act, 2000 — s. 318(4) read with 3(5), 319(2), 66(D)
Subjects
- bail
- cybercrime
- Information Technology Act
- fraud
- trial delay
- surety
- pre‑trial detention
Judgment
8-BA-2858-2025 (CR).doc
TIKAM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2858 OF 2025
VAISHALI Udaykumar Navinbhai Parekh ...Applicant
ANIL VERSUS
TIKAM State Of Maharashtra ...Respondent
Digitally signed
_________________________________________________________________
by VAISHALI
ANIL TIKAM
Date: Mr. Akshay Shah a/w. Harish Shah, Advocate for Applicant.
2026.03.27
13:12:31 +0530
Mr. P.P. Jadhav, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 24th MARCH, 2026.
P.C. :
1. Heard learned counsel for the Applicant and learned APP for
the State.
2. By this Application, the applicant is seeking regular bail in
Crime No. 65/2024 dated 26/08/2024, registered with Cyber Police
Station, Dist. Nashik for the offences punishable under Sections 319(2),
318(4) read with 3(5) and Section 66(D) of the Information Technology
Act, 2000.
3. It is prosecution’s case that on 23/12/2021, Applicant and co-
accused had opened several bank accounts in various banks and it is
alleged that the huge amounts were deposited in the said bank accounts.
The said amount is fraud amount.
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8-BA-2858-2025 (CR).doc
TIKAM
4. It is contention of learned counsel for the Applicant that the co-
accused No.5, against whom having similar allegations, has been released
on bail by the Learned Sessions Court. Learned counsel further submits
that the complaint is lodged by bank officer. There is no complaint by any
persons, who have been cheated or who have defrauded by the Applicant.
Applicant is behind bars for more than one year and six months. There is
no progress in the trial. The punishment provided for the offences
committed by the Applicant is 7 years and requested to allow the
application.
5. It is contention of learned APP that Applicant has antecedent .
He is habitual offender. He has cheated many persons. Applicant has not
given explanation for huge amount deposited in the bank account. If
Applicant is released on bail, he may abscond or threaten the prosecution
witnesses and requested to reject the application.
6. I have heard both learned counsel and perused the chargesheet,
documents produced on record.
7. Applicant is behind bars for more than one year and six months.
To prove the allegations against the Applicant, trial is required. There is
no progress in the trial. The co-accused, having similar allegations, has
been released on bail.
8. Considering these facts, I pass the following order
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8-BA-2858-2025 (CR).doc
TIKAM
(i) The Applicant- Udaykumar Navinbhai Parekh be released on
bail in Crime No. 65/2024 registered with Cyber Police Station, Dist.
Nashik, on furnishing PR bond of Rs.25,000/- with one or two solvent
sureties in the like amount.
(ii) The Applicant shall not tamper with the evidence and/or
influence the prosecution witnesses.
(iii) The Trial Court shall decide the case on its own merits and in
accordance with law, uninfluenced by the observations made in this order.
(iv) The Applicant shall attend the concerned police station as and
when called and cooperate with the investigating officer.
(v) Bail Application is allowed in the aforesaid terms.
(SHIVKUMAR DIGE, J.)
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