929-ABA-1356-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1356 OF 2026 Syed Shaker Ali Alias Sajjad Ali Sayed Shamshad Ali VERSUS The State Of Maharashtra ... Mr. P. P. Giri, Advocate for Applicant Mr. A. R. Kale, APP for the Respondent – State ... CORAM : R.M. JOSHI, J DATE : AUGUST 19, 2026 P. C. : 1. Applicant apprehends arrest in connection with C.R. No. 144/2026 registered with Police Station Itwara, District Nanded for the offences punishable under Sections 123, 274, 275 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 26, 27 and 30(2) of the Foods Safety and Standards Act. 2. On 05.05.2026 raid was conducted and contraband Gutka and Pan masala came to be seized at the instance of accused No.1. It is claimed by the prosecution that Accused No. 1 made statement during the course of investigation indicating the contraband articles being brought from the present Applicant. 3. Learned Counsel for the Applicant submits that though there is criminal history against Applicant as one crime of similar nature registered 2026:BHC-AUG:37197 929-ABA-1356-2026.odt against him, it is his contention that in said case nothing was recovered from the Applicant. It is his contention that now after conclusion of investigation, charge-sheet came to be filed against co-accused and no evidence is collected to show involvement of the Applicant in the crime. 4. Learned APP opposed grant of any protection to Applicant by referring to the investigation papers, which according to him, show that co- accused made statement with regard to involvement of the Applicant. According to him, for the purpose of proper investigation, custody of the Applicant is necessary. 5. Needless to say that statement of the co-accused is irrelevant during the trial, however, for the purpose of investigation, investigating agency may place reliance on the same. However, when the charge-sheet has been filed on conclusion of investigation and if there is no other material than the alleged statement of co-accused, it cannot be said that the complicity of the Applicant in the crime in question is seen. Having regard to the said fact, liberty of the Applicant deserves to be protected. Hence, the order: O R D E R (i) Anticipatory Bail Application is allowed. (ii) In the event of arrest of the Applicant in connection with C.R. No. 144/2026 registered with Police Station Itwara, District Nanded for the offences punishable under Sections 123, 274, 929-ABA-1356-2026.odt 275 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 26, 27 and 30(2) of the Foods Safety and Standards Act, he shall be released on bail on furnishing PR bond of Rs. 15,000 (Rupees Fifteen Thousand Only) with one surety in the like amount. (iii) He shall attend the concerned police station as and when required. (iv) He shall not contact the witnesses directly or indirectly. (v) He shall not interfere with the evidence in any manner whatsoever. (vi) He is further directed to cooperate the investigating agency for further investigation. (R. M. JOSHI, J.) Malani