[Cites 8, Cited by 0]
Bombay High Court
Rahul Ashokkumar Patwa vs The State Of Maharashtra on 4 February, 2026
2026:BHC-AS:5831
Shivgan 29-BA-3543-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3543 OF 2025
Rahul Ashokkumar Patwa ...Applicant
Versus
State of Maharashtra ...Respondent
Mr. Sujit Sahoo, with Zainab Burmawala and Rita Sharma,
for the Applicant.
Ms. Gauri S. Rao, APP for the Respondent-State.
Mr. Chetan K. Patil, API attached to Cyber Police Station,
Thane City, present.
CORAM DR. NEELA GOKHALE, J.
DATED: 4th FEBRUARY 2026
PC:-
1. By this Application, the Applicant seeks his enlargement
on bail in connection with C.R.No. 1397 of 2024 dated 21 st
September 2024 registered with the Kasarvadavali Police
Station, Thane City, for the offences punishable under
Sections 120-B, 34, 420, 467, 468 and 471 of the Indian Penal
Code, 1860 ('IPC') and under Section 66(D) of the
Information Technology Act, 2000.
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2. The case of the prosecution, in brief, is that, Accused
No.3 contacted the Complainant in May 2022 and enticed him
with a job offer. Accused Nos.2 and 3 instructed the First
Informant to bring his Aadhaar Card, PAN Card, photographs,
and a signed cheque. Both the Accused assisted the
Complainant in opening a bank account. It is the case of the
prosecution that an amount of Rs.25,000/- was deposited
from the account of the present Applicant in the
Complainant's bank account. However, while opening the
bank account, the telephone number of the present Applicant
was provided instead of that of the First Informant.
Consequently, all bank transactions were conducted by the
present Applicant, instead of and on behalf of, and without
the knowledge of the Complainant. It is alleged that the
Accused misused the Complainant's identification documents
and the bank account opened in his name, along with third
parties as joint holders, and carried out transactions through
the said account. Hence, the FIR came to be registered and
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three Accused were arrested. The present Applicant is Accused
No.2.
3. The Applicant filed an application seeking bail before
Additional Sessions Judge, Thane. However, by order dated
11th August 2025, his bail application came to be rejected.
Hence, the Applicant is before this Court for the reliefs as
prayed.
4. At the very outset, Mr. Sujit Sahoo, learned counsel
appearing for the Applicant, drew my attention to an order
dated 2nd May 2025 passed by the Co-ordinate Bench of this
Court (Coram: Milind M. Jadhav, J.) in Criminal Bail
Application No. 855 of 2025, whereby the Applicant therein,
namely Deepak Ramesh Shukla (Accused No.1), was enlarged
on bail.
5. Per contra, Ms. Gauri Rao, learned APP representing the
State, opposed the Bail Application. She submits that the
offence is serious in nature and that the Complainant has
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been duped, with his bank account being used for multiple
transactions without his knowledge. She, however, fairly
concedes that one of the Accused has been enlarged on bail by
the Co-ordinate Bench of this Court. She thus, leaves it to the
Court to pass appropriate orders.
6. Heard learned counsel appearing for the respective
parties and perused the record with their assistance.
7. I have perused the afore-said order passed by the Co-
ordinate Bench of this Court as well as the FIR. The role
attributed to the present Applicant is identical to that of
Accused No.1, Deepak Ramesh Shukla. The Applicant was
arrested on 23rd September 2024 and charges have not been
framed as yet. Thus, on the ground of parity, as well as the
fact that charges have not been framed till date, I am inclined
to enlarge the Applicant on bail.
8. In these circumstances, I am inclined to enlarge the
Applicant on bail. It is accordingly, ordered as under:-
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ORDER
i) The Applicant be enlarged on bail, on
executing PR Bond in the sum of Rs.1,00,000/- with
one or two local sureties in the like amount;
ii) The Applicant shall attend the Trial Court
concerned on each and every date unless exempted
by the orders of the Trial Court concerned;
iii) The Applicant shall also attend the Police
Station concerned once in a month on first Monday
between 11:00 a.m. to 02:00 p.m. till the charges are
framed;
iv) If the Applicant has not deposited his
passport, if any, the Applicant shall deposit the same
with the Police Station concerned;
v) The Applicant shall not leave India, without
the permission of the Trial Court;
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Shivgan 29-BA-3543-2025.doc
vi) The Applicant shall not tamper or attempt to
influence or contact the complainant, witnesses or
any person concerned with the case;
vii) The Applicant shall inform his latest place of
residence and contact number immediately after
being released and / or change of residence or
mobile details, if any, from time to time to the Court
seized of the matter and to the Investigating Officer
of the Police Station concerned;
viii) The Applicant to co-operate with the conduct
of the trial;
ix) Any infraction of the aforesaid conditions
shall entail cancellation of bail.
9. Application is allowed in the above terms and is
accordingly disposed of.
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Shivgan 29-BA-3543-2025.doc
10. It is made clear that the observations made herein are
prima facie and are confined to this Application and the
learned Trial Judge to decide the case on its own merits,
uninfluenced by the observations made herein.
(DR. NEELA GOKHALE, J)
Digitally
signed by
SHAMBHAVI
SHAMBHAVI NILESH
NILESH SHIVGAN
SHIVGAN Date:
2026.02.04
18:41:44
+0530
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