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2026 DAILYLAW 13376 (BOM)

AJGAR FAKIR SHAIKH v. STATE OF MAHARASHTRA AND ANR

BA/3589/2026 · 2026-09-30

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Judgment text

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57.BA.3589.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3589 OF 2026 Ajgar Fakir Shaikh .. Applicant Versus State of Maharashtra and Anr. .. Respondents ....................  Mr. Girish Palav, Advocate i/by Ms. Falguni Brahmbhatt for Applicant.  Ms. Rajeshree V. Newton, APP for Respondent No.1 – State.  Ms. Akshada Narvekar, Advocate for Respondent No.2. ......…........… CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 30, 2026. P.C.: 1. Heard Mr. Palav, learned Advocate for Applicant; Ms. Newton, learned APP for Respondent No.1 – State and Mr. Narvekar, learned Advocate for Respondent No.2. 2. This is an Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in connection with C.R.No.537 of 2026 registered with Panvel City Police Station, Navi Mumbai for offences punishable under Sections 143(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Sections 3, 4 and 5 of the Immoral Traffic Act, 1956. 3. The Applicant is in custody in connection with the offences registered with the concerned Police Station. Ms. Narvekar, learned 1 of 4 57.BA.3589.2026.doc Advocate for Respondent No.2 – original Complainant submits that she has no objection if Bail is allowed to the Applicant. Insofar as the Applicant is concerned, he prima facie appears to be a customer at Hotel Kranti Veer (Lodging and Boarding) where at the time of raid by the Social Cell Department, he was seen to be present there. 4. The complicity of the Applicant if any, otherwise shall be proved at trial. Applicant has made out a case for grant of bail. Both Respondent No.2 and the Applicant were found together and Respondent No.2 has submitted that she was present alongwith the Applicant on her own volition without any coercion, abuse or fear whatsoever. In that view of the matter, the Applicant has made out a case for grant of bail. 5. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Ajgar Fakir Shaikh is directed to be immediately released from prison in connection with CR. No.537 of 2026; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand only) with one or two sureties in the like amount; 2 of 4 57.BA.3589.2026.doc (iii) Applicant shall report to the Investigating Officer at Panvel City Police Station, Navi Mumbai Police Station, once every month, on the first Monday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and 3 of 4 57.BA.3589.2026.doc (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 6. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 7. Bail Application is allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay 4 of 4 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.10.01 11:34:21 +0530