Abdul Muslim Choudhary v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2018 OF 2025 Abdul Muslim Choudhary ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.A.K. Upadhyay a/w Dhananjay Bhosale, Rohan Kharat and Ajaydhar Dwivedi, for the Applicant.

Ms. A. R. Metkari, APP, for the Respondent-State.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

06th NOVEMBER 2025 PC:- 1.

Heard Mr. Upadhyay, learned Counsel appearing for the Applicant and Mr. Metkari, learned APP appearing for the Respondent-State.

2.

The Applicant by the present Application is seeking prearrest bail in connection with C.R. No. 509 of 2024 registered on 04.10.2024 with Bhosari MIDC Police Station, Pimari Chinchwad, for the offences punishable under Sections 406, 420, 465, 467, 468 and 471 read with Section 34 of the Indian Penal Code, 1860 ("IPC").

3.

The prosecution case is set out in paragraph No.3 of the order dated 15th July 2025 passed by learned Additional Sessions Judge, Pune in Criminal Bail Application No.1026 of 2025. The said paragraph No.3 reads as under :- "3. It is the story of the State that the informant by name Deepak Gorakshanath Baghat was doing the business of the garage of two wheeler vehicles. He came to know co-accused Mohammad Kaish Rehamani. The informant was in need of the loan for the work of his garage. Co-accused Mohammad Kaish Rehamani stated to the informant that he used to do the bank work for loan and he was in a position to get sanctioned the personal loan of Rs. 15,00,000/- from the LDJIC. Bank for the informant. This co-accused Mohammad Kaish Rehamani had taken the Adhar card, PAN card, photo and light lati from the informant.

So also, he had taken the form for opening the bank account from the informant. So also, this coaccused asked the informant to give his SIM card of the phone number for the purpose of verification of the OTR Hence, the informant had given his SIM card of the phone to the co-accused Mohammad Kaish Rehamani, Thereafter, this co-accused stated to the informant that the loan would be sanctioned within one month. Thereafter, this co-accused returned the SIM card to the informant. On 23/03/2023 it revealed that the accused persons fraudulently incorporated the D. B. Enterprises company in the name of informant. The informant had no idea about the same. The accused persons misused the documents and SIM card of the informant for that. The accused persons had done the business of scrap material in the name of said company of Rs.

5,39,31,713/-(Five crore, thirty-nine lakhs, thirty-one thousand, seven hundred thirteen).

had not paid the GST of Rs. 1,03,71,568.70/-, The GST officer met to the informant demanding the said GST amount. The accused persons had drawn the bogus Shop Act license in the name of D. B. Enterprises Company and prepared the bogus bills. Hence, the informant lodged the FIR".

4.

Mr. Upadhyay, learned Counsel for the Applicant submits that the Applicant is not involved in the crime. He submits that the allegations regarding GST cannot be investigated by the Police as there are elaborate provisions made under the Central Goods and Services Tax Act, 2017. He further submits that a learned Single Judge (CORAM : R.N. Laddha, J.) has already granted interim protection to the Applicant by order dated 23rd July 2025. 5.

On the other hand, Mr. Metkari, learned APP strongly opposes the Anticipatory Bail Application. On instructions Mr. Metkari states that investigation is completed and the chargsheet is ready and the same will be filed in the Court shortly. 6.

Perusal of the record shows that a learned Single Judge has already granted interim protection to the Applicant by order dated 23rd July 2025. The investigation is completed and the Chargsheet is ready which is likely to be filed in the Court within short period.

7.

Accordingly, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant - Abdul Muslim Choudhary in connection with C.R. No. 509 of 2024 registered with the Bhosari MIDC Police Station, Pimari Chinchwad, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.1,00,000/- with one or two solvent sureties in the like amount.

(b) The Applicant shall attend the concerned Police Station as and when called.

(c) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or

to any Police personnel.

(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

(f) The Applicant shall not leave India without prior permission of the Court.

8.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.]