908-ABA-1892-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1892 OF 2026 Sarfarazuddin Mohammad Yunus Shaikh …Applicant Versus The State of Maharashtra …Respondent Mr. Sahil Panjwani a/w. Mr. Ritik Gupta, for the Applicant. Mr. S. S. Ghag, APP, for the Respondent-State. CORAM: MADHAV J. JAMDAR, J. DATED : 22nd SEPTEMBER 2026 PC:- 1. Heard Mr. Panjwani, learned Counsel appearing for the Applicant and Mr. Ghag, learned APP appearing for the Respondent-State. 2. This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail in connection with C.R. No.135 of 2025 registered with Malegaon Taluka Police Station, Nashik Rural, Nashik, for the offences punishable under Sections 303(2), 308(2) and 316(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”). Page 1 Sonali 908-ABA-1892-2026.DOC 3. It is the submission of Mr. Panjwani, learned Counsel appearing for the Applicant that the Applicant is not at all involved in the crime. He submits that the Applicant’s name is not mentioned in the FIR. The exact role of the Applicant is not at all reflected in the FIR. He submits that the main accused i.e. accused No.1-Kishor Nerkar, Headconstable, who has already been arrested and released on regular bail. He submits that there are no other antecedents against the Applicant. He submits that the Applicant will co-operate with the investigation. He therefore, submits that the Anticipatory Bail Application be allowed. 4. On the other hand, Mr. Ghag, learned APP appearing for the Respondent-State strongly opposes the Anticipatory Bail Application. He submits that during investigation it transpired that certain documents have been created in the name of the present Applicant. He submits that the accused Nos. 3 and 4 have unloaded the said scrap material from the subject truck and loaded the same in some other truck and removed the same from the said place. He submits that the CDR record also shows that the present Applicant, who is accused Nos.4 and accused No.3-Shahajad Tufel Khan were present at the spot. He submits that the Anticipatory Page 2 Sonali 908-ABA-1892-2026.DOC Bail Application filed by the accused No.3-Shahajad Tufel Khan has been rejected by a learned Single Judge. He therefore, submits that the Anticipatory Bail Application be rejected. 5. The prosecution case is set out in paragraph Nos.7 and 8 of the order dated 12th December 2025, passed by the learned Additional Sessions Judge, Malegaon, District-Nashik, passed in Criminal Bail Application No.1011 of 2025, which reads as under: “7. Copy of FIR and other police papers, submitted for perusal, prima facie shows that C. R. No.135 of 2025 is registered at Malegaon Taluka Police Station, for the offence p/u/s 308(2), 303(2), 316(5) of the B.N.S. As per the say of I.O. Section 61 (2) is added in the crime during investigation. I have gone through the contents of FIR. Prima facie it can be said that it is registered on 24/02/2025 at 19.27 hours. It is alleged that on 11/02/2025 the goods truck containing scrap material and Sewing machines of P.P. Metal and Goel Metal Company was being transported from Pune to Delhi and when the said goods truck was proceeding on 12/02/2025 on Pune to Dhule Road, at about 11.30 a.m. some police stopped the goods truck and they made enquiry with the driver of the goods truck therefore, the driver made a phone call to the father of the informant. It is alleged that as the driver was not possessing bills of the scrap material, the police who had stopped the vehicle demanded Rs.20 lacs. Therefore, the father of informant told agent Kailas Patil to go and see what had happened, therefore, Kailas Patil went Page 3 Sonali 908-ABA-1892-2026.DOC at that time he saw that accused Kishor Nerkar was there and he told that at least Rs.7 lacs should be given for allowing to remove the goods truck from that place. 8. In the FIR it is further alleged that the said goods truck was held or stopped by accused Kishor Nerkar on 12/02/2025 from 11.30 a.m. to 06.00 p.m. It is further alleged that when Kailas Patil told accused Kishor Nerkar that the driver of the goods truck had seen some persons had removed some scrap material and Sewing machines from the goods truck as per the directions given by accused Kishor Nerkar, at that time the accused Kishor Nerkar gave evasive answers. It is further alleged that one Lady Police Officer namely Smt. Savanji Madam told the accused Kishor Nerkar to allow the driver to drive the goods truck otherwise she would inform about it to the Senior Officers, therefore, the accused Kishor Nerkar called the driver and put four Sewing machines in the goods truck and then the driver drove the said goods truck towards Delhi. It is further alleged that when the goods truck was unloaded at Delhi it was noticed that 31 bags containing scrap material and seven Sewing machines were not in the goods truck and except the place where the accused Kishor Nerkar had stopped the said goods truck it was not stopped at any place. According to the informant, the accused Kishor Nerkar with the help of some other persons had removed the said scrap material and Sewing machines and committed the theft of material worth Rs.13 lacs.” Thus, it is clear that on 12th February 2025, the police stopped the subject truck on the Pune–Dhule Road on the allegation that the driver was not in possession of the requisite Page 4 Sonali 908-ABA-1892-2026.DOC bills. It is further alleged that the police demanded an amount of Rs.20,00,000/- (Rupees Twenty Lakh only) and thereafter negotiated the said amount. 6. In the said truck, scrap material and sewing machines belonging to P.P. Metal and Goyal Metal Company were being transported from Pune to Delhi. When the truck reached Delhi, it was found that 31 bags containing scrap material and 7 sewing machines were missing from the truck. Thus, the main allegations are against the police officer, Kishor Nerkar, who has been arrested and subsequently granted regular bail. 7. As far as the present Applicant is concerned, the prosecution case is that the Applicant executed a notarized document dated 1st December 2022 in respect of the subject truck and its transportation, which document is alleged to be antedated. However, the prosecution case primarily concerns the conduct of the police officer in stopping the truck, demanding Rs.20,00,000/- (Rupees Twenty Lakh only), negotiating the said amount and, during the said process, removal of 31 bags containing scrap Page 5 Sonali 908-ABA-1892-2026.DOC material and 7 sewing machines, amounting to theft of the said goods. Thus, the Applicant has no role in the main alleged offence. 8. Even if the prosecution case is accepted as it is, then also it is clear that the Applicant at the instance of accused No.1-Kishor Nerkar was present at the spot and removed the said scrap material. However, it is clear that the Applicant was not a part of the alleged act of demanding Rs.20,00,000/- (Rupees Twenty Lakh only) by the police officer, negotiating the said amount, or threatening the driver and owner of the subject truck. There are no other antecedents against the Applicant. The Applicant is ready and willing to cooperate with the investigation. 9. Accordingly, the case is made out for grant of Anticipatory Bail. However, in the facts and circumstances, very stringent conditions are required to be imposed. In view thereof, the following order is passed: O R D E R (a) In the event of arrest of the Applicant-Sarfarazuddin Mohammad Yunus Shaikh in connection with C.R. No.135 of 2025 registered with the Malegaon Taluka Page 6 Sonali 908-ABA-1892-2026.DOC Police Station, Nashik Rural, Nashik, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.30,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the concerned Police Station on 30th September 2026 and 1st October 2026 between 11:00 a.m. to 02:00 p.m. and shall cooperate with the investigation. (c) The Applicant shall attend the concerned Police Station on every Sunday between 11:00 a.m. to 02:00 p.m. till conclusion of the trial. (d) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (e) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel. Page 7 Sonali 908-ABA-1892-2026.DOC (f) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. (g) The Applicant shall not leave India without prior permission of the Court. 10. The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Page 8 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.09.23 10:47:40 +0530