Bombay High Court
MOHAMMAD AFTAB S/O DILSHADversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
Bail is granted to the applicant subject to a personal bond of Rs.30,000 and the stipulated conditions.
Summary
Mohammad Aftab applied for regular bail in a case involving alleged insurance fraud amounting to Rs.33,39,418, charged under Sections 318(4), 319,3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 66-D of the Information Technology Act. The prosecution alleged that Aftab, together with co‑accused, duped the complainant and linked his bank account to the co‑accused’s email, while the applicant contended that his name does not appear in the FIR and he had shown bonafide by depositing Rs.2 lakh. The State argued that Aftab has antecedents and could abscond or tamper with witnesses. The Court examined the chargesheet, noted the absence of the applicant’s name in the FIR and the lack of concrete evidence linking him, and considered the risk factors. It granted bail on a personal bond of Rs.30,000 with one or two sureties, imposing conditions to attend police inquiries and not tamper with evidence or influence witnesses. The order emphasized that the trial court will decide the case on its merits.
Issues considered
- Whether bail should be granted when the applicant's name is absent from the FIR but alleged involvement is inferred from email and bank account linkage.
- Whether the alleged antecedents and risk of absconding or witness tampering justify denial of bail.
- Whether the nature of the offences under the BNS Act and IT Act warrants denial of bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 318(4), 319, 3(5)
- Information Technology Act — s. 66-D
Subjects
- bail
- cybercrime
- insurance fraud
- BNS Act
- IT Act
- criminal procedure
- surety
- presumption of innocence
Judgment
27-BA-4830-2025 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 4830 OF 2025
Mohammad Aftab S/o Dilshad … Applicant
VERSUS
The State Of Maharashtra … Respondent
_________________________________________________________________
Mr. Anilkumar Patil a/w. Mr. Laxmikant Patil i/b. Mr. Digvijay Patil,
SONALI
Digitally signed
by SONALI
SATISH KILAJE
Advocate for Applicant.
SATISH Date:
2026.05.05
KILAJE 12:49:22
+0700
Mr. Sameer M. Mangaonkar, APP for the State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 30th APRIL, 2026.
P.C. :
1. By this application, the Applicant is seeking regular bail in
C.R.No. 02 of 2025 registered with Nashik Gramin Cyber Police Station,
Nashik, for the offences punishable under Sections 318(4), 319,3(5) of
Bhartiya Nyaya Sanhita, 2023 (for short “BNS Act”) and Section 66-D of
Information Technology Act.
2. It is prosecution’s case that during the period from 03.03.2025
to 02.06.2025, applicant and co-accused assured the complainant that they
will help him to receive the amount of matured insurance policy and
duped him of Rs.33,39,418/-.
3. It is contention of learned counsel for the applicant that the
applicant’s name is not mentioned in FIR. It is alleged that the email
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S.S.Kilaje
address of the co-accused was linked with the bank account of the
applicant. To show Bonafide, the applicant has deposited Rs.2 lakh before
the Trial Court. The applicant is behind the bars since more than nine
months and requested to allow the application.
4. It is contention of learned APP that the applicant has
antecedents. The email address of the co-accused was linked with the
bank account of the applicant. It shows his involvement in the crime. If he
is released on bail, he may abscond and threaten prosecution witnesses
and requested to reject the application.
5. I have heard both the learned counsel. Perused chargesheet
and documents produced on record. The applicant’s name is not
mentioned in the FIR. To show the involvement of the applicant in the
crime, evidence is required. Considering these facts, I pass following order.
ORDER
i. The applicant be enlarged on bail in C.R.No. 02 of
2025 registered with Nashik Gramin Cyber Police
Station, Nashik, on executing P.R.Bond of Rs. 30,000/-
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
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27-BA-4830-2025 (CR).doc
S.S.Kilaje
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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