Mumbai, January 20, 2024 – In a significant development, the Sessions Court of Greater Bombay has granted bail to Nikesh Narayan Tak, an accused in a cyber fraud case linked to Maharashtra State Skill Development Society (MSSDS). The decision was rendered by Additional Sessions Judge Rajesh A. Sasne in Criminal Bail Application No. 64 of 2024.
Case Background
Tak, a 32-year-old businessman and agriculturist from Georai, Beed, Maharashtra, was arrested on November 22, 2023, in connection with Crime Report No. 02/2020 (Corresponding C.R.299/2019 of Azad Maidan Police Station), registered at Nodal Cyber Police Station, Mumbai. The case involves alleged financial fraud through the registration of bogus training institutes under MSSDS. Charges against Tak include forgery, criminal breach of trust, and cyber-related offenses under Sections 420, 468, 469, 409, and 120(b) of the Indian Penal Code (IPC) along with Sections 66(C) and 66(D) of the Information Technology Act, 2000.
Prosecution’s Claims
The prosecution contended that Tak played a key role in fraudulently registering Trimurti Skill Center as a training institute under MSSDS, using falsified documents to secure government funds intended for skill development programs. Investigations revealed that 10 such institutes in Beed district had no physical existence. It was alleged that Tak, along with co-accused, manipulated the online empanelment process and uploaded fake student records to claim funds. The prosecution argued against bail, citing incomplete investigation and the possibility of evidence tampering.
Defense’s Argument
Tak’s counsel, Advocate Shantanu Kolhe, argued that his client was falsely implicated, had already undergone custodial interrogation, and that no further recoveries were required. The defense emphasized Tak’s permanent residence and asserted that his prolonged detention was unnecessary. It was also noted that co-accused Swati Bhalshankar and Tausif Shaikh, who allegedly played similar roles, had already been granted bail. Furthermore, pre-arrest bail had been granted to two other accused, Dilip Pawar and Vijay Rise.
Court’s Observations
Judge Sasne considered the principle of parity and noted that the primary investigation regarding Tak’s institute had been completed. Since relevant documentary evidence was already in possession of the investigating officer, the court deemed further incarceration unnecessary. Consequently, bail was granted on the following conditions:
- Tak must furnish a personal bond and surety of Rs. 25,000/-.
- He must not tamper with witnesses or evidence.
- He must report to the concerned police station on the 1st and 3rd Saturday of every month until the charge sheet is filed.
- He is required to furnish surety within four weeks; failure to do so will result in forfeiture of provisional cash bail.
- He must not leave India without prior court permission.
Legal Implications and Next Steps
The court’s ruling highlights the importance of maintaining judicial parity in granting bail while ensuring the integrity of the ongoing investigation. The case remains under scrutiny, and further developments will depend on the submission of the charge sheet and subsequent legal proceedings.
Legal experts suggest that the ruling could influence the approach to similar financial fraud cases, particularly concerning government schemes. Meanwhile, authorities continue to investigate the alleged misappropriation of funds and the larger network involved in the scam.