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Bombay High Court

AKSHAY SADASHIV GALAVEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail was granted because the applicants had no antecedents, the investigation was complete, and there was insufficient evidence to show they would abscond or tamper with witnesses.

Summary

The Bombay High Court considered two bail applications arising from the same cyber‑fraud case (Crime No.25 of 2025) involving alleged conversion of a Rs 5 lakh fraud amount into cryptocurrency. The prosecution alleged that the applicants received the money from a co‑accused and were aware it was proceeds of fraud, while the defence argued they were falsely implicated, had no prior criminal record, and were merely engaged in cryptocurrency investment without knowledge of the fraud. The court noted that the investigation was complete, a charge‑sheet had been filed, and no call records were produced to link the applicants to the co‑accused. Considering the lack of antecedents, the length of pre‑trial detention (over eight months), and the absence of evidence suggesting a risk of absconding or tampering with witnesses, the court granted bail. The applicants were ordered to furnish a personal bond of Rs 25,000 with sureties and were directed not to influence evidence or witnesses.

Issues considered

  • Whether the applicants are entitled to bail under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act in view of the alleged fraud and cryptocurrency conversion.
  • Whether there is a likelihood of the applicants absconding or tampering with witnesses if released on bail.

Legislation cited

Subjects

  • bail
  • cyber crime
  • cryptocurrency
  • fraud
  • Information Technology Act
  • Bharatiya Nyaya Sanhita
  • criminal procedure

Judgment

                                                                                            11-BA-3776-2025.doc



                               N.S.Kamble


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

                                        CRIMINAL BAIL APPLICATION NO. 3776 OF 2025


                               Mayur Sunil Anecha                                      … Applicant
                                     Versus
            Digitally signed
NILAM   by NILAM
        SANTOSH
                               State Of Maharashtra                                    … Respondent
SANTOSH KAMBLE
KAMBLE Date: 2026.01.09
        11:27:22 +0530                                    WITH
                                        CRIMINAL BAIL APPLICATION NO. 3459 OF 2025

                               Akshay Sadashiv Galave                                  … Applicant
                                     Versus
                               State Of Maharashtra                                    … Respondent
                               ________________________________________________________
                               Mr.Niranjan Mundargi i/b Mr.Keral Mehta, for the Applicant in BA
                               No.3776 of 2025.
                               Ms.Sabiha Ansari a/w Ms.Aaisha Patel i/b Mr.Hulyalkar & Associates,
                               for the Applicant in BA No.3459 of 2025.
                               Mr.P.P. Jadhav, APP for Respondent-State.
                               Mr.V.V. Patil, PSI, Cyber Police Station Pimpari Chinchwad.
                               ________________________________________________________
                                                               CORAM : SHIVKUMAR DIGE, J.

                                                               DATE           : 8th JANUARY, 2026
                               P.C. :

                               .            Both these Applications are arising out of the same crime,

                               hence I am deciding these Applications by this common order.

                                                                Page 1 of 4
                                                               11-BA-3776-2025.doc



N.S.Kamble


2.           The Applicants are seeking regular bail in Crime No.25 of

2025 registered with Pimpri Chinchwad Cyber Police Station, Pune,

for the offences punishable under Sections 204, 205, 308, 318, 316(2),

3(5) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short) and

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

3.           It is prosecution’s case that, First Informant was shown as

digitally arrested by absconding co-accused and they extorted amount

of Rs.52,69,000/- from him by compelling him to transfer the said

amount in various bank accounts. It is alleged that Rs.5 lakhs were

transferred in the bank account of the Accused No.1. The Accused

No.1 had transferred the said amount in the bank account of the

Accused No.2. The said amount was withdrawn by the Accused No.3.

It is alleged that after withdrawing the amount, the Accused No.3

handed over the cash amount of Rs.5 lakhs to the Applicant Akshay

Galave and Avinash Tungar, which was then handed over to Applicant

Mayur Anecha to convert it into the crypto currency. The said amount

is converted into crypto currency.

4.           It is contention of learned counsel’s for the Applicant’s that,

the Applicants have been falsely implicated in this case. No call data

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                                                             11-BA-3776-2025.doc



N.S.Kamble


records is produced on record to show that the Applicants were in

contact with the co-deceased. The learned counsel further submitted

that the Applicant’s does business of crypto currency by investing

money in it. They were not aware that the amount given to them by

the Accused No.3 was fraud amount. They have no antecedents. They

are behind bar around 8 months.            Investigation is completed and

charge-sheet has been filed. Hence requested to allow the Application.

5.            It is contention of learned APP that, the amount of fraud is

given to these Applicants by the Accused No.3. The Applicants were

aware that the said amount was fraud amount. They are involved in the

crime.       The other fraud amount is yet to be recovered.          If, the

Applicants are released on bail, they may abscond or threaten the

prosecution witnesses. Hence, requested to reject the Application’s.

6.            I have heard all learned counsel’s. Perused charge-sheet and

documents produced on record.

7.            The allegations against the Applicants are that, they have

invested Rs.5,39,000/- of fraud amount in crypto currency. No call

record produced on record to show that the Applicants were in contact

with the co-accused. Whether the Applicant were involved in the

                                  Page 3 of 4
                                                             11-BA-3776-2025.doc



N.S.Kamble


crime or not is part of the evidence.            The Applicant’s have no

antecedents.         They are behind bar for more than 8 months.

Investigation is completed and charge-sheet has been filed.

Considering these facts, I pass following order.

                                 ORDER

             (i)        The Applicants-Mayur Sunil Anecha and Akshay

             Sadashiv Galave be released on bail in      Crime No.25 of

             2025 registered with Pimpri Chinchwad Cyber Police

             Station, Pune, on furnishing PR bond of Rs.25,000/- each

             with one or two solvent sureties each 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 Application’s are allowed in the aforesaid

             terms.

                                                (SHIVKUMAR DIGE, J.)



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