Aziz Karim Shaikh vs State of Maharashtra — Child Sexual Offences (POCSO) | Bombay HC (2026)

Aziz Karim Shaikh vs State of Maharashtra — Child Sexual Offences (POCSO) | Bombay HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the applicant, Aziz Karim Shaikh, is entitled to pre-arrest (anticipatory) bail under section 482 of the BNSS, 2023, in respect of Crime No. 373 of 2025 registered with Cyber Police Station, North Zone, Mumbai ('digital arrest' cyber fraud). +1 more

Court's answer

Considering the investigation material showing WhatsApp chats between the applicant and the main accused, together with the applicant's criminal antecedents, at this stage the applicant is not entitled to any protection in the nature of pre-arrest bail.

Ratio / Principle

During investigation it was revealed that the applicant and the main accused exchanged WhatsApp communications in which the applicant shared sensitive information regarding bank accounts used in the crime, including user IDs, passwords, email verification codes and debit card details of banks such as J & K Bank, PNB, Bank, Bank of Baroda and Axis Bank; this exchange of banking credentials is sufficient to indicate the applicant's prima facie involvement in the crime.

Key takeaways

It prima facie emerged during investigation that the applicant had procured the ICICI bank account of 'Amardeep Traders' from the co-accused, which was subsequently used for receiving the deposit of Rs. 39,40,260/- from the complainant; this transaction prima facie shows the applicant's involvement as part of the syndicate facilitating the cyber fraud.ratio¶8
Considering the magnitude of the offence and that the investigation is not yet completed, enlarging the applicant on pre-arrest bail would hamper the progress of the investigation; hence the application deserves to be rejected.ratio¶9

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction) — Prafulla S. Khubalkar, J.; order dated 10-06-2026. Anticipatory bail under section 482 of the BNSS, 2023 sought by applicant Aziz Karim Shaikh (photographer) in Crime No. 373 of 2025 of Cyber Police Station, North Zone, Mumbai, for offences punishable under Sections 66(c), 66(c) of the I.T. Act and 204, 308(7), 318(4), 319(2), 336(2), 336(3), 338, 340, 61(2) of the BNS, 2023, arising from a 'digital arrest' cyber fraud in which impersonators posing as Police and ED officials defrauded a 79-year-old senior citizen of Rs. 2,65,11,400/-. Investigation traced Rs. 39,40,260/- to an ICICI account of 'Amardeep Traders' (proprietor Jayesh Jayant Zaveri, co-accused), which received deposits totalling Rs. 3,42,91,073/- on 04-10-2025, all siphoned off. The applicant's earlier ABA No. 2473 of 2025 before the Sessions Court at Greater Mumbai had been rejected on 5th February, 2026. Grounds for refusal: WhatsApp chats between the applicant and the main accused evidencing his sharing of user IDs, passwords, email verification codes and debit card details of multiple banks (including J & K Bank, PNB, Bank of Baroda and Axis Bank); his prima facie procurement of the ICICI 'Amardeep Traders' account used to receive the complainant's Rs. 39,40,260/-, marking him as part of the fraud syndicate; his criminal antecedents, including wanted-accused status in Crime No. 708 of 2025 of Virar Police Station (BNS and POCSO offences); the magnitude of the offence; and incomplete investigation, enlargement being likely to hamper it. Application rejected. No precedent cited; single-judge opinion; no dissent.

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Harish (P A)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 1086 OF 2026

Aziz Karim Shaikh

...Applicant

V/s.

State Of Maharashtra ...Respondent

Mr. R. S. Dubey, for the Applicant.

Mr. Prasanna P. Malashe, APP for the Respondent – State.

API, Sandeep Pachangane, North Cyber Police Station, DCB, CID, is present.

CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 10 TH JUNE, 2026.

P.C. :-

Heard learned counsel for the applicant, as well as

learned APP for the respondents. By this application under

section 482 of the Bharatiya Nagrik Suraksha Sanhita, (BNSS)

2023, the applicant has sought for pre-arrest bail in offence

bearing Crime No. 373 of 2025 registered with Cyber Police

Station, North Zone, Mumbai, for offences punishable under

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Sections 66(c), 66(c) of the I.T. Act and 204, 308(7), 318(4), 319(2), 336(2), 336(3), 338, 340, 61(2) of the BNS, 2023.

The applicant claims to be a photographer by profession and contends that, he had certain monetary transactions with Mr. Jayesh Jayant Zaveri, which is described by him as a failed gold purchase transaction. He asserts that he has no connection with the scam of "digital arrest" described in the FIR and the allegations against him are baseless.

The FIR is registered on the basis of a complaint lodged by a senior citizen aged 79 years old, alleging that he was defrauded of Rs. 2,65,11,400/- through a "digital arrest" cyber fraud wherein the fraudsters impersonated as Police and ED officials. The investigation revealed that a sum of Rs. 39,40,260/- was transferred to an ICICI bank account in the name of "Amardeep Traders", which is linked to co-accused Mr. Jayesh Zaveri. The complainant has alleged that he has deposited a sum of Rs. 39,40,260/- into the ICICI bank account on the instructions of the accused persons. Upon investigation of

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this bank account, it was found that on 04-10-2025, a total amount of Rs. 3,42,91,073/- was deposited in the same account and it was immediately transferred to other bank accounts and thus the entire amount was siphoned off. This bank account is in the name of "Amardeep Traders", whose proprietor is Mr. Jayesh Jayant Zaveri. This person acted in collusion with other accused persons including this applicant, i.e. Mr. Aziz Karim Shaikh, who had lured poor and needy persons with certain inducements/promises and they created fake bank accounts in their names and thus committed cyber frauds. On the basis of the report lodged by the complainant, the offence bearing Crime No. 708 of 2025 came to be registered and investigation is in progress.

Apprehending arrest, the applicant had filed an anticipatory bail application (ABA) bearing no. 2473 of 2025 before the Sessions Court at Greater Mumbai, which came to be rejected by order dated 5^th February, 2026.

The applicant thereafter filed the instant application

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before this court seeking anticipatory bail.

Learned counsel for the applicant submitted that the

applicant is falsely implicated in the crime and there is no material to show that he has received any substantial amount out of alleged cyber fraud. He submitted that only because the applicant is acquainted with the main accused, his name is roped and his custodial interrogation is not at all necessary.

The application is strongly opposed by the learned APP, who submitted that the applicant is involved in serious economic offence of a 'digital arrest scam' where a senior citizen has lost his entire life savings. He submitted that the evidence/material collected by the investigating officer, particularly whatsapp chats between the applicant and the coaccused clearly show that the applicant is an active member of the entire syndicate, who has indulged in digital arrest scam. It is also submitted that the applicant is a wanted accused in another crime registered at Virar Police Station bearing Crime No. 708 of 2025, involving offences under the BNS and POCSO Act. In view

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of the involvement of the applicant in the crime in question and his criminal antecedents, the learned APP opposed the application.

It has to be seen that during investigation, it is revealed that the applicant and the main accused had exchanged various communications through whatsapp chats. It is revealed that the applicant was sharing sensitive information regarding bank accounts used in the present crime, including the user Id's, passwords, email verification codes, and debit card details of banks such as J & K Bank, PNB, Bank, Bank of Baroda and Axis Bank. The exchange of banking credentials of multiple accounts in the chats of the applicant is sufficient to indicate prima facie involvement of the applicant in the said crime. Learned APP, has pointed out that during investigation, it is prima facie revealed that the applicant had procured the ICICI bank account of "Amardeep Traders" from the co-accused, which was subsequently used for getting deposited the amount of Rs. 39,40,260/- from the complainant. This transaction prima facie shows the involvement of the applicant as a part of the syndicate

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for facilitating the cyber fraud.

Thus, by considering the material collected during the investigation, showing whatsapps chats in between this applicant and the main accused and by considering the criminal antecedents of the applicant, in my opinion, at this stage, the applicant is not entitled for any protection in the nature of prearrest bail. Considering the magnitude of the offence and the fact that the investigation is not yet completed, enlarging the applicant on pre-arrest bail, would hamper the progress of the investigation. Therefore, the application deserves to be rejected. Hence, the application is rejected.

(PRAFULLA S. KHUBALKAR, J.)

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