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2026 DAILYLAW 13927 (BOM)

SHAKEEL SYED v. STATE OF MAHARASHTRA

ABA/2570/2026 · 2026-09-29

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Judgment text

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04-ABA-2570-2026.odt Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2570 OF 2026 Shakeel Syed ...Applicant V/S. The State of Maharashtra ...Respondent _____________________________________________________________ Adv. Resham Sahni, for the Applicant. Adv. Ashok S. Gawai, APP for the Respondent – State. PSI - Mr. Sameer Bagade, Cyber Police Station, Navi Mumbai is present. _________________________________________________________ CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 29TH SEPTEMBER, 2026. P.C. :- 1. Heard learned counsel for applicant as well as learned APP for the respondent-state. 2. The applicant is apprehending arrest in connection with Crime No. 30 of 2026 dated 16.07.2026 registered with Navi Mumbai, Cyber Police Station for the offence punishable under Sections 318(4), 319(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. It is alleged in the FIR that a call center was actively operated at Office No. 801, 'A' Wing, Plot No. X4/1, 4/2, Mahape where the employees at this center systematically contacted citizens while falsely representing themselves as authorized officers of legitimate insurance companies. By 1/4 04-ABA-2570-2026.odt doing so, the staff induced unsuspecting customers to transfer money under the pretext of purchasing insurance policies; however, upon receiving the funds, the center failed to issue any actual policies. On the basis of these allegations FIR is registered against three persons, wherein this applicant is not arraigned as accused. 4. The learned counsel for the applicant submits that the present offence was registered against three co-accused individuals, all of whom have already been arrested and subsequently released on regular bail. The applicant genuinely apprehends arrest solely due to his ownership of the premises where the alleged call center was operated. Crucially, the applicant’s wife, who has been attributed an identical role in the alleged offence, was granted anticipatory bail by the Sessions Court on July 23, 2026, in Anticipatory Bail Application No. 621 of 2026. While the Sessions Court initially granted interim protection to this applicant, it ultimately rejected the final Anticipatory Bail Application on the sole ground of alleged non-cooperation and non-attendance at the police station. He further states that the applicant has strictly complied with the interim order passed by this court by attending the police station and possesses no prior criminal antecedents. Furthermore, the investigation is complete, and the charge- sheet has already been filed. 5. The learned APP for the respondent-state opposed the application, submitting that the offence registered is serious in nature and, therefore, the 2/4 04-ABA-2570-2026.odt present Anticipatory Bail Application deserves to be rejected. However, the learned APP did not dispute that the investigation is complete and the charge-sheet has already been filed. Furthermore, it is not disputed that the applicant has attended the police station as directed by this Court and carries no prior criminal antecedents. 6. Perused the FIR and the documents placed on record. It is evident that the applicant is not named in the FIR. The sole allegation linking him to the crime is his ownership of the premises where the call center operated. Notably, the applicant's wife, who is attributed an identical role, has already been granted anticipatory bail by the Sessions Court. Furthermore, the applicant has strictly complied with the interim directions of this Court by regularly attending the police station, possesses no prior criminal antecedents, and the investigation is complete with the charge-sheet already filed. Under these circumstances, custodial interrogation of this applicant is not warranted, and the interim protection granted by this court, needs to be confirmed. 7. In view of the above the interim protection grated by the order dated 11th September 2026 is confirmed subject to certain conditions. 8. Hence, I pass the following order : : ORDER : (i) Anticipatory Bail Application is allowed. (ii) In the event of arrest of the applicant in 3/4 04-ABA-2570-2026.odt Crime No. 30 of 2026 dated 16.07.2026 registered with Navi Mumbai, Cyber Police Station for the offence punishable under Sections 318(4), 319(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, he be released on bail on furnishing P. R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount. (iii) The applicant shall cooperate during investigation and trial and shall attend Investigating Agency as and when called upon. 9. Accordingly, the Anticipatory Bail Application is allowed and disposed of. (PRAFULLA S. KHUBALKAR, J.) 4/4