21-ABA-819-2026.doc vaishnavi IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 819 OF 2026 Mohd. Mukeen Khan ...Applicant V/s. State of Maharashtra ...Respondent Mr. DhammaRaj Shejul a/w Mr. Vilas Bambarde, for the Applicant. Mr.Bapu V. Holambe, APP for the Respondent – State. API Ms. Kavita Metkarni, Shivaji Park Police Station, Mumbai, is present. CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 16 th SEPTEMBER , 2026. P.C. :- 1. Heard the learned counsel for the applicant as well as learned APP for the respondent. 2. The applicant is apprehending arrest in Crime No. 647 of 2025 dated 15.11.2025, registered with Shivaji Park Police Station, Brihanmumbai, for the offence punishable under Section 316(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 3. The applicant has filed instant application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 1/4 21-ABA-819-2026.doc "BNSS") for seeking pre-arrest bail. 4. The FIR is registered on the basis of allegations by the complainant that, during the period from 14.08.2025 to 16.10.2025 about 3200 pieces of cloths worth Rs. 4,64,000/- was delivered to the applicant by the complainant for the purpose of getting ladies gowns stitched. It is alleged that neither the stitched gowns were delivered nor the amount is returned and on the basis of these allegations, the offence is registered against this applicant. 3. Learned counsel for applicant submits that the applicant is falsely implicated and that he has never been entrusted with 3200 pieces of cloth, as alleged. He submits that charge sheet is already filed and in the entire charge sheet, there is nothing to show any document about receipts of the said pieces of cloths by this applicant. Learned counsel for the applicant has also tendered across the bar copy of the charge sheet. He further submits that there are no criminal antecedents against this applicant and that considering his readiness to join the investigation, he was granted interim protection by order dated 16th July 2026. He states that, accordingly, the applicant has attended the Police Station and has not misused the liberty granted to him. 4. The application is opposed by learned APP, who has 2/4 21-ABA-819-2026.doc pointed out that there are allegations in the FIR about handing over of 3200 pieces of cloths to the applicant, worth Rs. 4,54,000/- and that the cloths are not yet been recovered from the applicant. He however does not dispute that the charge sheet is already filed in the matter. He states that, although the applicant has attended the Police Station in accordance with the interim protection order, but has not revealed the details of the cloths or the stitched products and therefore, the application is opposed. 5. Perused the FIR and the documents placed on record. It has to be noted that the allegations against the applicant are about failure to deliver the stitched products. The issue as to whether the 3200 pieces of cloths were actually delivered to the applicant is subject matter of investigation and trial. 6. At this stage, considering the fact that the charge sheet has already been filed and the investigation against this applicant is completed and further considering the fact that the applicant has extended cooperation by attending Police Station, the interim protection granted earlier needs to be confirmed. 7. Hence, the application is allowed and the interim protection granted by order dated 16th July 2026 stands confirmed, subject to the condition that the application shall cooperate with the 3/4 21-ABA-819-2026.doc Investigating Agency during investigation and trial and shall not tamper with prosecution evidence or influence the witnesses, directly or indirectly. 8. Anticipatory Bail Application is allowed and disposed of. (PRAFULLA S. KHUBALKAR, J.) 4/4