937-ABA-1639-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 937 ANTICIPATORY BAIL APPLICATION NO. 1639 OF 2026 Naim Shaha Usman Shaha Versus The State Of Maharashtra Mr. B. S. Doifode, Advocate for Applicant Mrs. P. J. Bharad, APP for Respondents CORAM :R.M. JOSHI, J DATE :SEPTEMBER 11, 2026 P. C. : 1. Applicant apprehends arrest in connection with C.R. No. 447/2026 registered with Police Station CIDCO, District Chhatrapati Sambhajinagar for the offences punishable under Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023. 2. In short it is the case of the prosecution that between the intervening night of 06.07.2026 and 07.07.2026, theft was committed in a temple. In connection with this, co-accused came to be arrested. On the basis of his statement, involvement of Applicant is sought in this crime. 3. Learned Counsel for the Applicant submits that except for the alleged statement of co-accused, which is not permissible in evidence, there is no evidence to connect Applicant with the crime. He, therefore, seeks liberty of the Applicant be protected. 2026:BHC-AUG:42090 937-ABA-1639-2026.odt 4. Learned APP opposed application by referring to the criminal antecedents against him. 5. Perusal of the record does not indicate that except for the alleged statement of the accused, there is no evidence to show complicity of the Applicant in crime. The incident had occurred on 07.07.2026 and as such, it was possible for the investigating officer to collect further evidence in order to show involvement of the Applicant in this crime. However, there is no such investigation done. Thus, only evidence in this case is statement of co-accused, which is not admissible in trial. Hence, 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. 447/2026 registered with Police Station CIDCO, District Chhatrapati Sambhajinagar for the offences punishable under Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023, 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. 937-ABA-1639-2026.odt (vi) He is further directed to cooperate the investigating agency for further investigation. (R. M. JOSHI, J.) Malani