910-ABA-2490-2026.ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2490 OF 2026 Mohmmad Aftab Taj Mohammad …Applicant Versus The State of Maharashtra …Respondent Adv. Abdul Hafeez Yakub Kopwala a/w Adv. Shazia Bano Mohd. Shoeb, Adv. Tasmiya Siddiqui, Adv. Fatima i/b Sumaira Legal Associates,, for the Applicant. Mrs. Megha S. Bajoria, A.P. P., for the Respondent – State. API Pallavi Dhagepatil, Crime Branch, Thane, Unit-5, is present. CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 3RD SEPTEMBER 2026 P.C:- 1. Heard learned counsel for the applicant as well as learned APP for respondent – State. 2. The applicant has filed instant application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with Crime No. 106 of 2026, dated 12.04.2026, registered with Kongaon Police Station, Thane City, for the offence punishable under Sections 316(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3rd September 2026 910-ABA-2490-2026.ODT 3. Learned counsel for applicant states that the allegations in the FIR are that the main accused persons have sold the stolen iron rods, worth Rs. 25,000/- to this applicant. He submits that there is nothing to indicate that this applicant has purchased any iron rods knowing them to be stolen property. He states that the iron rods are already seized by the investigating agency and a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 was served upon the main accused persons and thereafter they have not been arrested. Further, it is stated that there are no criminal antecedents against this applicant. 4. Learned APP submitted that there are allegations of theft of iron rods by the accused persons, who have stated that the stolen articles were sold to this applicant. However there is no dispute about the contention that the goods have been seized and further there is no dispute about the contention that there are no criminal antecedents against this applicant. 5. On perusal of FIR, it appears that the primary allegations about theft of the iron rods are against the other accused persons. At this stage, there is nothing to show that this applicant has purchased the iron rods knowing them to be 3rd September 2026 910-ABA-2490-2026.ODT stolen property. Considering the nature of allegations against this applicant and the fact that the goods are already seized, at this stage, there does not appear any need of the custody of this applicant. 6. Considering the nature of offence and allegations against this applicant, the presence of this applicant can be secured by directing him to join the investigation and therefore the personal liberty of this applicant needs to be protected subject to certain conditions. 7. Hence, I pass following order :- ORDER (i) The Anticipatory Bail Application is allowed. (ii) In the event of arrest of this applicant in Crime No. in connection with Crime No. 106 of 2026, dated 12.04.2026, registered with Kongaon Police Station, Thane City, for the offence punishable under Sections 316(2) read with Section 3(5) of The Bharatiya Nyaya Sanhita, 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 3rd September 2026 910-ABA-2490-2026.ODT like amount. (iii) The applicant is directed to attend the Police Station on every Monday in between 10:00 a.m. to 2:00 p.m., for a period of one month and thereafter as and when called upon by the investigating agency. (iv) The applicant is directed to disclose all the transactions in relation to the offence in question. (v) Breach of any of these conditions, shall be a ground for cancellation of the bail. 8. Anticipatory Bail Application is disposed of in above terms. (PRAFULLA S. KHUBALKAR, J.) VDMokal/- 3rd September 2026