MOHAMMED ASHRAF ADINA KHIL v. THE STATE OF MAHARASHTRA
BA/1488/2026 · 2026-08-11
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1545 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1545 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
-1- 953-BA-1488-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1488 OF 2026 MOHAMMED ASHRAF ADINA KHIL VERSUS THE STATE OF MAHARASHTRA ...... Advocate for Applicant : Ms. Unnezza T. Khan h/f. Mr. Tahiwarkhan Wajeedkhan Pathan APP for Respondent - State : Mr. S. D. Ghayal
CORAM : HITEN S. VENEGAVKAR, J.
DATED : 11th AUGUST 2026 PER COURT :
1. The present application is filed by original accused No.2 seeking regular bail in connection with Crime No. 696 of 2025, registered with CIDCO Police Station, District Chhatrapati Sambhajinagar (City), for the offences punishable under Sections 318(4), 336(2), 336(3), 339, 214, 319(2), 61(2), 345(3) of Bharatiya Nyaya Sanhita, 2023 and under Sections 3 and 7 of the State Emblem of India (Prohibition of Improper Use) Act, 2005, and Section 23B of the Immigration and Foreigners Act, 2025. 2. In FIR, the alleged offence has occurred from 22.06.2025 to 22.11.2025. The alleged offence which occurred during the aforesaid period is that original accused No.1, who is a woman, allegedly impersonated herself as an IAS officer/Collector and have cheated several persons for approximately Rs.32 lakhs. 2026:BHC-AUG:35273
-2- 953-BA-1488-2026 The source information was received by the police officials of CIDCO Police Station, who, thereafter, upon verification, came to the conclusion that accused No.1 is using fake identity and impersonating herself as an IAS officer/Collector, and had been staying at Hotel Ambassador, Chhatrapati Sambhajinagar, since last six months. She was therefore apprehended and an inquiry was conducted against her, during which she could not give a satisfactory answer. Ultimately, the police officials came to the conclusion that she had used her fake identity as an IAS officer and had impersonated herself as an IAS officer/Collector and thereby cheated several individuals. The offence thus came to be registered at the behest of CIDCO Police officials. In connection with the said offence, when the investigation proceeded, the name of present applicant surfaced. The investigation revealed that the present applicant was in constant contact with accused No.1 and had travelled with her on several occasions. Further, there had been an exchange of cheques and financial transactions between the present applicant and accused No.1. According to prosecution, the statements of some witnesses indicate that the present applicant had accompanied accused No.1 even when other persons were cheated. 3. The learned Advocate appearing for applicant submits
-3- 953-BA-1488-2026 that the applicant is a resident of Delhi and he was under bona fide impression that accused No.1 was an IAS officer and could help in securing visas for his customers.
Therefore, he was in regular contact with her, and the monetary transactions which has been found between them pertains to said visa work assigned to accused No.1. He had no personal knowledge about accused No.1 using fake identity or is impersonating herself as an IAS officer. On the contrary, he was under a bona fide impression that she is genuinely an IAS officer and had good contacts within the bureaucracy. 4. Learned APP appearing for the State by taking me through the documents on record submitted that there are specific allegations against the present applicant pertaining to his continuous acquaintance with accused No.1. He also refers to narration of prosecution case in final charge-sheet, wherein the role of the present applicant has been specifically described. It is observed that the present applicant has been continuously travelling and remained in contact with accused No.1. The applicant had also met several persons in the company of original accused No.1. There are WhatsApp chats and screenshots that has been routinely exchanged between accused No.1 and present applicant. Perusal of role that has been attributed to the present
-4- 953-BA-1488-2026 applicant does not reveal that the applicant was aware that accused No.1 has been impersonating herself as an IAS officer or that he has intentionally participated in the offence of cheating, knowing that accused No.1 is using her fake identity as an IAS officer. The transactions between them may also indicate that accused No.1 had represented that she would assist the applicant in obtaining a visa or securing other benefits. On that basis, the applicant arguably appears to have been a person who was himself deceived. 5. The entire material, at the most, shows that the principal beneficiary of the alleged cheating appears to be accused No.1 and not the present applicant, though there are certain financial transactions between accused No.1 and present applicant. Only on this basis, it cannot be said that the applicant is aware about misdeeds of accused No.1. 6.
The applicant has been arrested in the month of November 2025 and since then, he is in custody. The offences that has been alleged against him are punishable with imprisonment extending up to seven years. Since the investigation is complete and the charge-sheet has been filed, further custody of the present applicant is unwarranted. -5- 953-BA-1488-2026
7. For the aforesaid reasons, I am satisfied that the applicant can be released on regular bail, subject to certain conditions. Hence, the following order :
ORDER (i) The Bail Application is allowed. (ii) The applicant - Mohammed Ashraf Adina Khil be released on bail in Crime No. 696 of 2025, registered with CIDCO Police Station, District Chhatrapati Sambhajinagar (City), for the offences punishable under Sections 318(4), 336(2), 336(3), 339, 214, 319(2), 61(2), 345(3) of Bharatiya Nyaya Sanhita, 2023 and under Sections 3 and 7 of the State Emblem of India (Prohibition of Improper Use) Act, 2005, and Section 23B of the Immigration and Foreigners Act, 2025 on furnishing P.B. and S.B. of Rs.1,00,000/- (Rs.One Lakh only), on following conditions : (a) The applicant shall furnish his permanent residential address along with his contact details, including his e-mail ID, to the Investigating Officer. (b) Initially, for a period of two months, the applicant shall attend the Investigating Officer on every first Monday of the month between 4.00 p.m. to 6.00 p.m.
-6- 953-BA-1488-2026 (c) The applicant, being a resident of Delhi, shall attend the Station House Officer of Hazrat Nizamuddin Police Station, South East, Delhi, within whose jurisdiction it is located, and mark his attendance on every Friday between 4.00 p.m. and 6.00 p.m. till framing of charge and thereafter shall regularly attend each and every effective date before the Trial Court. (d) The applicant shall also deposit his original passport with the Investigating Officer and shall not travel outside the country without prior permission of the Trial Court. (e) The applicant shall not tamper with the prosecution evidence or attempt to influence any of the witnesses. (f) The applicant shall not indulge in criminal activity.
(HITEN S. VENEGAVKAR) JUDGE Tandale