Bombay High Court

BANDU HARIBA RATHODversusSTATE OF MAHARASHTRA AND ANR.

Disposal: Allowed
Bench: MEHROZ ASHRAF KHAN PATHAN

Holding

Bail was granted to Bandu Hariba Rathod under Section 483 of the Bharatiya Nyaya Sanhita.

Summary

Bandu Hariba Rathod was arrested on 5 June 2025 in connection with a fraud case (Crime No.378/2025) involving alleged receipt of Rs.42,00,000 through his bank account, allegedly at the behest of co‑accused Tejas Bhalerao. The applicant contended that he was merely a conduit, providing account details and SIM, and was falsely implicated, while the co‑accused had already been released on bail. The State opposed bail, emphasizing the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Information Technology Act, and the alleged role of the applicant as a prime accused. The Court examined the charge‑sheet, noted that the investigation was complete, the applicant had no similar prior record except a single IPC 306 case, and applied the principle of parity with the co‑accused. Relying on Section 483 of the BNS, the Court exercised its discretion to grant bail with stringent conditions, including a bond, periodic police reporting, and non‑interference with witnesses.

Issues considered

The applicant's role in the alleged fraud and whether it warrants denial of bail.
Whether the principle of parity with a co‑accused already on bail justifies granting bail to the applicant.
Whether the seriousness of the offences under the BNS and IT Act precludes bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 3(5), 351(2)
Information Technology Act, 2000 — s. 43, 66(c), 66(d)

Subjects

bail
criminal procedure
fraud
information technology act
parity principle
conduit
false implication

Judgment

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47-BA-386-2026 (CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLN. NO. 386 OF 2026

Bandu Hariba Rathod …........Applicant
VERSUS
State Of Maharashtra And Anr. ….......Respondents

-----
Adv. Kunal Patil i/by Mr. Jadhav, Adv. Katkar, Adv. Salunkhe for Applicant.
Mr. Anand S. Shalgaonkar, APP for the Respondent-State.
-----
CORAM : MEHROZ K. PATHAN, J.
DATE : 6th AUGUST, 2026.
P.C.

1. Heard learned counsel for the Applicant and learned APP for the

Digitally signed
Respondent-State.
by SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.08.07
13:02:17 +0530
2. The Applicant has approached this Court, seeking regular bail

in connection with Crime No.378/2025 registered with Rajarampuri

Police Station, District Kolhapur for the offences punishable under

Sections 316(2), 318(4), 351(2), 3(5) of the Bharatiya Nyaya Sanhita,

2023 (for short ‘BNS’) alongwith Section 66(c), 66(d) and 43 of the

Information and Technology Act, 2000.

3. Learned Counsel, Mr. Kunal Patil, appearing for the Applicant,

submits that the Applicant has been falsely implicated in the present crime.

The Applicant has been cheated by his own friend, Tejas Bhalerao, who

used the account of the Applicant for receiving the fraudulent amount

obtained from the complainant by making fake video calls. The Applicant

Shantanu S. Dhudum
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47-BA-386-2026 (CR).DOC

has specifically alleged connivance on the part of accused Tejas Bhalerao,

who utilized the Applicant’s account to receive an amount of

Rs.42,00,000/-. Although the said amount was credited into the Applicant’s

account, it was immediately handed over to Tejas Bhalerao and other

accused persons. Even as per the case of the prosecution, accused Tejas

Bhalerao, who is alleged to have used the Applicant’s account for receiving

the fraudulent amount, has already been released on bail by this Court in

Bail Application No.3740 of 2025, vide order dated 08/04/2026, upon

holding that the investigation is complete, the charge-sheet has been filed,

and having regard to the number of prosecution witnesses proposed to be

examined, it is unlikely that the trial can be completed within a reasonable

period. This Court is also noted that the accused, Applicant Tejas, was

arrested on 05/07/2025 and remained behind bars. The said Applicant,

Tejas, was therefore released on bail. The present Applicant, Bandu

Rathod, has also been in custody since 05/06/2025. The entire

investigation has been completed and the charge-sheet has been filed.

There are a number of witnesses proposed by the prosecution to be

examined, and it is unlikely that the trial would be completed within a

reasonable period. The Applicant is, therefore, entitled to be released on

bail, even by applying the principles of parity. Hence, the Applicant may be

released on bail.

4. As against this, the learned APP strongly opposed the bail

application on the ground that the Applicant is involved in serious offences

Shantanu S. Dhudum
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47-BA-386-2026 (CR).DOC

under the Information Technology Act, as well as cheating, forgery, and

cheating by impersonation. The Applicant is involved in a massive fraud of

more than Rs.3.5 crores. The Applicant is shown to have used his own

bank account for receiving a fraudulent amount of Rs.42,00,000/-. The

Applicant is alleged to be one of the prime accused, having played an

active role in demanding money from the complainant. It is further

contended that there is a huge scam going on in the country, and the

Applicant has been digitally arrested in connection with the said offence.

Hence, this is not a fit case to release the Applicant on bail therefore the

application may be rejected.

5. I have gone through the investigation papers which have

culminated in the filing of the charge-sheet. A perusal of the investigation

papers shows that the only role attributed to the Applicant, Bandu Rathod,

is that he acted as a conduit to the main accused, Tejas Bhalerao, by

providing his account details, SIM card, OTP, and KYC documents to the

said accused, who thereafter used the Applicant’s account for receiving the

amount of Rs.42,00,000/-. The Applicant, Bandu Rathod, is also alleged to

have stayed with Tejas Bhalerao at Pune, where the conspiracy was

hatched by the co-accused Tejas Bhalerao along with the Applicant.

Interestingly, accused Tejas Bhalerao has already been released on bail vide

order dated 08/04/2026 passed in Bail Application No.3740 of 2025. Thus,

even applying the principle of parity, the present Applicant, who is only

Shantanu S. Dhudum
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47-BA-386-2026 (CR).DOC

alleged to have received commission from accused Tejas, is entitled to

consideration for bail.

6. Taking into consideration, the fact that the Applicant is arrested

on 05/06/2025 and is not having any criminal antecedents of identical

nature except of one offence under Section 306 of IPC, and is further ready

to abide by any conditions that may be imposed by this Court, I am

inclined to exercise the discretion under Section 483 of the BNSS to release

the Applicant on bail. Hence, the following order :

ORDER

I. The application is allowed.

II. The Applicant – Bandu Hariba Rathod, in connection with Crime

No.378/2025 registered with Rajarampuri Police Station, District

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

351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 alongwith Section

66(c), 66(d) and 43 of the Information and Technology Act, 2000 , the

Applicant be released on bail on furnishing P.R. Bond in the sum of

Rs.50,000/- (Fifty Thousand Rupees Only) with one or two sureties in the

like amount, on the following conditions.

A) The Applicant shall attend the concerned police station once in every
two months from 10th date of every two months starting from 10 th August,
2026.

B) The Applicant shall co-operate with the trial Court and he shall
attend each and every date, unless exempted by the trial Court.

C) The Applicant shall not tamper with the prosecution evidence or

Shantanu S. Dhudum
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47-BA-386-2026 (CR).DOC

attempt to influence or threaten any witness in any manner. A single
incident of such conduct would entitle the prosecution to seek
cancellation of the bail granted to the present applicant.

D) A single default by the Applicant in violating any of the conditions
would entitle the prosecution to seek cancellation of the bail granted to
the Applicant.

E) The Applicant, upon being released on bail, shall furnish his
residential address, contact number, and copies of his Aadhaar / PAN
Cards to the Investigating Officer as well as trial Court, and shall also
provide the names, addresses, and contact numbers of his close relatives
for the purpose of record and verification.

F) The bail application is allowed in the above terms and stands

disposed of.

G) Needless to states that the observations rendered herein are to

the extent of this application and the trial Court shall not be influenced by

the same.

( MEHROZ K. PATHAN, J.)

Shantanu S. Dhudum

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