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2026 DAILYLAW 5301 (BOM)

ABDULLA ZAID CHUNAWALA v. STATE OF MAHARASHTRA

ABA/1853/2026 · 2026-08-29

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Judgment text

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923-ABA-1853-2026.odt Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1853 OF 2026 Abdulla Zaid Chunawala ...Applicant V/S. The State Of Maharashtra ...Respondent _____________________________________________________________ Adv. Fakhruddin Khan, for the Applicant. Adv. Ashok S. Gawai, APP for the Respondent – State. PSI – Mr. Nitin Kamble, (Pairavi Officer), Amboli Police Station is present. ________________________________________________________ CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 29th AUGUST, 2026. P.C. :- 1. Heard learned counsel for the applicant as well as learned APP for the respondent-state. 2. The applicant is apprehending arrest in Crime No. 611 of 2026 registered with Amboli Police Station, for the offence punishable under Sections 3(5), 318(4), 336(2), 336(3) and 340(2) of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The applicant has filed the instant application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking pre-arrest bail. 1/4 923-ABA-1853-2026.odt 4. Learned Counsel for applicant submits that applicant is proprietor of OTO Fliver which is involved in buying and selling used vehicles. The allegations as levelled in the FIR are with respect to use of two Aadhar Cards with two different numbers by the accused no.1. It is alleged that accused no.1 has purchased a used car from this applicant and it is alleged that he has used two different Aadhar Cards and thereby cheated the government. 5. He submitted that the allegations about cheating by using two different Aadhar cards are against the other accused persons and name of this applicant is involved only because the accused no.1 has purchased a used car from this applicant. Learned counsel for the applicant also pointed out that the accused no.4 Mohsin Shaikh has already been granted anticipatory bail by the Sessions Court by order dated 14th August, 2026 in ABA No. 1168 of 2026. In view of these allegations, at this stage, the applicant is ready to extend cooperation during investigation by attending the police station as and when called upon and the custodial interrogation of this applicant need not be insisted upon. 6. The application is opposed by the learned APP by submitting that the allegations about use of two different Aadhar Cards are serious in nature and there is an attempt by the accused persons to commit fraud against the Government Officials. He, however submits that the applicant has attended 2/4 923-ABA-1853-2026.odt the Amboli Police Station on every Monday and Friday in accordance with order dated 16th July, 2026. 7. Considering the allegations in the FIR, it appears that the main allegations about cheating by using two different Aadhar Cards are against other accused persons and this applicant is arraigned, only because the accused no.1 has purchased a used car from this applicant. Since the investigation relates to the documentary evidence, the custody of this applicant need not be insisted. In view of the fact that the applicant has joined in the investigation and extended cooperation by attending police station, the interim protection granted by order dated 16th July, 2026 needs to be confirmed. 8. Hence, I pass the following order : : ORDER : i] The Anticipatory Bail Application is allowed. ii] In the event of arrest of the applicant in Crime No. 611 of 2026, registered with Amboli Police Station, for the offence punishable under Sections 3(5), 318(4) 336(2), 336(3) and 340(2) 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) 3/4 923-ABA-1853-2026.odt with one surety in the like amount. iii] The Applicant is directed to attend the police station as and when called upon by the investigating agency. iv] The applicant shall not directly or indirectly influence the witnesses in any manner. v] The applicant is directed to communicate his Aadhar Card number and contact details / phone number to the investigating agency. 9. In view of the above, the Anticipatory Bail Application is allowed and disposed of. (PRAFULLA S. KHUBALKAR, J.) 4/4