Zahoor Ahmed Mohammad Yusuf And ORS v. The State Of Maharashtra And ANR
PALLAVI MAHENDRA WARGAONKAR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PALLAVI MAHENDRA WARGAONKAR Date: 2025.10.09 17:53:53 +0530 CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLICATION NO. 2622 OF 2024 Zahoor Ahmed Mohammad Yusuf and Ors.
...Applicants
Versus
The State of Maharashtra and Anr.
...Respondents
__________ Mr. Pralhad Bachate (VC) a/w Onkar A. Wable, for the Applicants. Mr. Kiran Shinde, APP, for the Respondent- State. PSI Sunil P. Bidkar, Nashik Road Police Station present. __________ CORAM :
ADVAIT M. SETHNA, J.
DATE :
6 OCTOBER 2025 P.C.:
1.
There are four Applicants before the Court who have preferred this Anticipatory Bail Application as they apprehend arrest in C.R. No.409 of 2024. FIR dated 2 August 2024 is registered by Nashik Road Police Station, Taluka and District Nashik for the alleged offences punishable under Sections 420, 465 of the Indian Penal Code. 2.
Briefly, the case of the prosecution as stated in the FIR is that the Applicants are the then Trustee (Applicant in Anticipatory Bail Application No.2547 of 2024) and the then Secretary (Applicants in Anticipatory Bail Application No.2622 of 2024) of a trust in whose favour a school was transferred in the year 2013. The FIR in the present case is filed on the basis of a complaint of the Deputy Education Inspector
who is the Informant. It alleges that that the documents pertaining to transfer of the said school to the trust, were forged and fabricated with an intent to cheat and defraud the Informant. An inquiry was conducted, which eventually led to registration of the FIR. 3.
Heard the learned counsel for the parties and with their assistance, I have perused the record. The learned counsel for the parties invited the Court's attention to a detailed order dated 26 September 2024 upon hearing the parties and for the reasons recorded in the said order, more particularly in paragraphs 6 and 7, the Court was pleased to grant interim protection to the Applicants. The same has since then continued and continues until date, which is not disputed by the learned APP. 4.
Mr. Shinde, on instructions would submit that the Applicants have co-operated with the investigation and he has duly complied with all the conditions set out in the order dated 26 September 2024. There is no adverse findings as far as the requirement of the prima facie case is concerned against the Applicant pursuant to the order dated 26 September 2024. Their cooperation in the investigation would mean that the Applicants have joined the investigation. Their presence can be duly secured at the time of trial. Mr. Shinde has also submitted that the prosecution has filed the charge-sheet against to the Applicants on 19 July 2025.
5.
It is a fact that the charge-sheet is filed which would entail that the
investigation is complete, at this stage, and also that there is no aggravating factor which would now justify detention of the Applicants. In the given factual complexion, a prima facie case is made out for the grant of anticipatory bail. Further, in my view, in the given facts, custodial interrogation of the Applicants is not be warranted, at this juncture. 6.
In light of the above, in my prima facie view, the following order would serve the interest of justice:-
ORDER
(i) Interim order dated 26 September 2024 is confirmed.
(ii) In the event of arrest of the Applicants in connection with C.R. No.409 of 2024 registered with Nashik Road Police Station, Taluka and District Nashik, the Applicants are directed to be released on bail on their furnishing PR bonds in the sum of Rs.30,000/- each (Rupees Thirty Thousand Only) with one or more sureties in the like amount.
(iii) The Applicants shall cooperate with the investigation and shall attend the concerned police station as and when called for by the Investigating Officer. (iv) The Applicants shall furnish details of residential address and other contact details such as mobile number
etc. to the concerned police station. If there is any change in the contact details, the same shall be immediately intimated to the concerned police station. (v) The Applicants shall obtain order of competent Court before leaving State of Maharashtra.
(vi) The Applicants shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer.
(vii) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the complainant or any witness in any manner whatsoever. 7.
Needless to mention that the observations made above are prima facie for the purposes of adjudicating this Application. 8.
The Anticipatory Bail Application is Allowed/Disposed Of in the above terms.
[ADVAIT M. SETHNA, J.]