Jayesh Kaluram Bhagat v. State Of Maharashtra

Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1509 OF 2025 SHABNOOR AYUB PATHAN Jayesh Kaluram Bhagat ... Applicant V/s.

The State of Maharashtra ... Respondent SHABNOOR AYUB PATHAN Date: 2025.09.22 16:00:33 +0530 Mr. Ashish S. Verhekar i/b Sahil S. Morey, for the Applicant.

Ms. Rajashree V. Newton, APP for the StateRespondent. Mr. A. Y. Patel, IO, Kalamboli Police Station is present.

CORAM

: AMIT BORKAR, J.

DATED : SEPTEMBER 22, 2025 P.C.:

1.

By this application, the applicant has prayed for relief of prearrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The applicant apprehends arrest in connection with Crime Register No.110 of 2025, registered with Kalamboli Police Station, for offences punishable under Sections 318(4), 336(2), 336(3), and 340(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), as well as under Section 52 of the Motor Vehicles Act, 1988.

2.

The case of the prosecution, in brief, is that the complainant, a police officer attached to the Kalamboli Traffic Department, received information from his superior officer on 30th April 2025. The information was that a vehicle with a forged number plate was

parked near a bakery in Kalamboli village.

3.

Acting upon this information, the complainant, along with another officer, proceeded to the spot. They found a black Honda Accord car bearing registration number MH46R0597. On inquiry, one Mr. Jayesh Bhagat, who was present at the spot, stated that he had purchased the said vehicle from Mr. Umesh More. The complainant asked Mr. Bhagat to produce the necessary documents of the car. At that moment, Mr. Bhagat could not produce them. The complainant then verified the registration number through the e-challan system and discovered that number MH46R0597 actually belonged to a two-wheeler. This created suspicion that the car was using a forged number plate.

4.

A notice was issued to Mr. Bhagat to produce the documents. He later complied and submitted the RC book. Upon inspection, the actual registration number of the car was found to be MH46A0597, not MH46R0597. The chassis and engine numbers matched with the RC book, thereby confirming the true identity of the vehicle.

5.

The RC book did not mention any permission for CNG fitting, but the car was found to be fitted with a CNG kit. Further inquiry showed the chain of ownership of the car: it was first registered in the name of Reliance, then transferred to one Sachin Kokan, thereafter to Mr. Yash More, and finally purchased by the present applicant. On these facts, the FIR came to be registered against the applicant.

6.

Learned Advocate for the applicant submitted that the

applicant has fully co-operated with the investigation. The nature of the alleged offence is documentary, relating to the papers of the car, and does not involve any violent or grave criminal act. In such cases, custodial interrogation is ordinarily not required. Therefore, the Advocate prayed that the interim protection earlier granted by this Court should be confirmed.

7.

On the other hand, the learned APP opposed the application. He argued that the offence is serious, involving forgery of number plates and illegal alteration of the vehicle, and therefore, the application deserves rejection.

8.

I have considered the rival submissions and carefully perused the material placed on record. The statements of witnesses do not disclose any specific incriminating role of the applicant, except his position as the present purchaser of the vehicle. The documents show that the chassis and engine numbers match with the RC book, which supports the fact that the vehicle is genuine. The allegation mainly revolves around the forged number plate and the unauthorized CNG kit. These issues can be verified from the documentary record. No material is shown by the prosecution to establish that custodial interrogation of the applicant is necessary for collecting further evidence. In such circumstances, the apprehension of arrest of the applicant deserves to be protected. 9.

Hence, the following order is passed:

a) In the event of arrest in connection with Crime Register No.110 of 2025 registered with Kalamboli Police Station for offences under Sections 318(4), 336(2), 336(3), 340(2) of

BNS and Section 52 of the Motor Vehicles Act, the applicant shall be released on bail on furnishing a P.R. bond of Rs.15,000/- with one or two sureties of the like amount. b) The applicant shall attend the concerned police station once every month between 11:00 am and 2:00 pm, and thereafter as and when called by the Investigating Officer. c) The applicant shall not directly or indirectly threaten, induce, or pressurize any witness so as to dissuade him from disclosing facts either before the police or before the Court. d) The applicant shall not obstruct or hamper the investigation, nor tamper with the evidence already collected or which may be collected during investigation. e) At the time of execution of the bond, the applicant shall furnish his permanent address and mobile number to the Investigating Officer as well as to the concerned Court. The applicant shall not change his residence without prior intimation till the final disposal of the case. 10.

The Anticipatory Bail Application stands disposed of in above terms.

(AMIT BORKAR, J.)