[Cites 0, Cited by 0]
Bombay High Court
Satyam Sarvjeet Upadhyay vs The State Of Maharashtra And Ors. on 20 May, 2026
2026:BHC-AS:22694
15. ABA 1146-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1146 OF 2026
Mr. Satyam Sarvjeet Upadhyay )... Applicant
Versus
State of Maharashtra & Ors. )... Respondents
-----
Mr. Dinesh Nishad a/w Ms. Avantika Nishad, Ms. Neha Mishra, Mr.
Chatradhari-Nishad for the Applicant.
Mr. Mayur S. Sonavane, A.P.P. for the Respondent-State.
-----
CORAM : SANDESH D. PATIL, J.
DATE : 20th MAY 2026
(VACATION COURT)
P.C. :
1) The present application is filed by the Applicant for transit
bail. The Applicant is residing at Vasai, i.e. within the jurisdiction of
this Court. The allegation against the Applicant is that one Mr. Vishal
Raina, the first informant residing at Himachal Pradesh had lodged a
complaint under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023
on 17th September 2025. The informant states that he became the
victim of online investment fraud. He states that he was added to the
WhatsApp group on 28th July 2025 by one Mr. Dhiraj Relli. He states
that the entire deposit of the Applicant was accepted by the Company.
RaJesh Chittewan, PS 1/4
::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:15:34 :::
15. ABA 1146-2026.doc
He withdrew some amount successfully, however, thereafter, the rest
amount could not be withdrawn. In this premise, the FIR was filed.
2) The Applicant states that he has received a notice from Cyber
Crime Police Sation, Northern Range, Dharamshala, Distt. Kangra (HP).
This notice is under Section 35(3) of Bhartiya Nagrik Suraksha
Sanhita, 2023 (BNSS). It is stated that he was to appear before the
Investigating Officer on 1st May 2026. However, since there was no
protection granted to him, he could not remain present. The Applicant
states that he himself is cheated by the same online platform and that,
he himself is a victim. Although the notice is sent under Section 35(3)
of BNSS, however, the period has expired and the Applicant did not go
to Dharmshala in response to the said notice. There is an apprehension
that, now he may be arrested, if he goes to Dharmshala, therefore, he
has moved the present Application.
2) Mr. Mayur Sonavane, the learned A.P.P. appearing for the
Respondent-State submits that an apprehension may not be correct and
he prays for dismissal of the Application.
3) Admittedly, the Applicant is not named as accused in the FIR.
RaJesh Chittewan, PS 2/4
::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:15:34 :::
15. ABA 1146-2026.doc
Admittedly, there is a notice issued to the Applicant under Section
35(3) of the BNS. The apprehension about arrest, in the event the
Applicant goes to Himachal Pradesh appars to be genuine. In these
aforesaid circumstances, I am inclined to grant protection to the
Applicant, so as to visit and apply for anticipatory bail in Himachal
Pradesh. Therefore, the following Order is passed :-
:ORDER:
(i) In the event of arrest of Applicant in connection with
Crime No.11/2025, registered with Cyber Crime Police
Station, District. Dharamshala (Kangra), Himachal
Pradesh, for the offences under Section 318(4) of the
Bharatiya Nyaya Sanhita, 2023, the Applicant be
released upon furnishing a P.R. bond of Rs.10,000/-, in
one or two sureties in the like amount.
(ii) The said Order of transit bail shall be limited for a
period of three weeks to enable the Applicant to
approach the concerned investigating agency at
Dharamshala, District Kangra, H.P.
15. ABA 1146-2026.doc
(iii) In the light of the aforesaid, nothing survives in this
Application. Hence, the Anticipatory Bail Application
No.1146 of 2026 is disposed off.
(SANDESH D. PATIL, J.)
RAJESH RAJESH VASANT
VASANT CHITTEWAN
CHITTEWAN Date: 2026.05.22
20:17:50 +0530
