Shivam Kumar Jha Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Shivam Kumar Jha Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Confirmation of interim protection granted on 30.01.2025 (anticipatory bail) in favour of the applicant, subject to conditions: (i) attendance at the police station once a fortnight for four months; (ii) no tampering with prosecution evidence and no influencing of the informant/witnesses; (iii) co-operation with the investigation and trial Court proceedings; breach makes the protection liable to cancellation; observations confined to this application and not to influence the trial Court.

Issue for consideration

Whether the applicant, apprehending arrest in Crime No. 13/2024 registered with Cyber Police Station, Chh. Sambhajinagar, for offences under the B.N.S. and the Information Technology Act, is entitled to anticipatory bail, i.e., confirmation of the interim protection granted on 30.01.2025.

Court's answer

Since cryptocurrency was traded only to the extent of Rs.9500/- and nothing was produced to show further illegality at the instance of the applicant, the interim protection granted by order dated 30.01.2025 stands confirmed.

Ratio / Principle

Condition imposed: the applicant shall attend the police station once a fortnight for a period of four months.

Key takeaways

Condition imposed: the applicant shall not tamper with the evidence of the prosecution and shall not influence the informant, witnesses and other persons concerned with the case.ratio¶19
Condition imposed: the applicant shall co-operate with the investigation and with the proceedings before the trial Court.ratio¶20
If the applicant violates any of the conditions specified in the order, the protection granted shall be liable to be cancelled.ratio

Detailed headnote1 paragraphs

Anticipatory bail – Confirmation of interim protection – Applicant apprehending arrest in Crime No. 13/2024, Cyber Police Station, Chh. Sambhajinagar, for offences punishable under Sections 3(5), 316(2), 318, 336(3), 338, 340(2) of B.N.S. and Section 66D of the Information Technology Act – Cryptocurrency traded only to the extent of Rs.9500/- and nothing produced to show further illegality at the applicant's instance – Interim protection granted by order dated 30.01.2025 confirmed, subject to conditions: fortnightly attendance at the police station for four months, no tampering with evidence or influencing of informant/witnesses, and co-operation with the investigation and trial Court proceedings – Breach of conditions to render protection liable to cancellation – Observations confined to disposal of the application; trial Court to proceed uninfluenced – Application disposed of.

82.25ABA

2025:BHC-AUG:4402

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

951 ANTICIPATORY BAIL APPLN. NO.82 OF 2025

SHIVAM KUMAR JHA VERSUS

THE STATE OF MAHARASHTRA

Advocate for Applicant : Mr.Sagar Varma [V.C.] h/f. Mr.A.P.Lohade

APP for Respondent-State : Mr.S.P.Sonpawale

CORAM : ARUN R. PEDNEKER, J. DATE : 14.02.2025

P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No. 13/2024, registered with Cyber Police Station, Chh. Sambhajinagar, for the offence punishable under Sections 3 (5), 316 (2), 318, 336 (3), 338, 340 (2) of B.N.S. and Section 66D of Information Technology Act.

3] This Court, by order dated 30.01.2025, has granted interim protection in favour of the applicant. In terms of the said order, the applicant has attended the concerned police station and has co-operated with the

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investigation. Considering that crypto currency was traded to the extent of Rs.9500/- and nothing is produced before me to show further illegality at the instance of the applicant, interim protection granted by order dated 30.01.2025 stands confirmed, in the following terms :

i] The applicant shall attend the police station once a fortnight for a period for four months from today.

ii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

4] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

5] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall

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proceed further in the matter without being influenced by the observations made hereinabove.

6] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE

DDC