Anwar Liyaqat Khan v. The State Of Maharashtra

1 913-ABA 2405-25 @ IA 3776-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2405 OF 2025 Anwar Liyaqat Khan ... Applicant V/s.

State of Maharashtra ... Respondent WITH INTERIM APPLICATION NO.3776 OF 2025 IN ANTICIPATORY BAIL APPLICATION NO.2405 OF 2025 ----- Mr. Mihir Desai, Senior Advocate i/by Sandeep S. Sharma for the Applicant.

Mr. V. N. Sagare, APP for the Respondent-State. Mr. Abhijeet Suresh Sarnobat for the Intervenor-first informant. Mr. Vijay Gore, API, Parksite PS is present.

----- CORAM :

N.R. BORKAR, J.

DATE :

15TH OCTOBER 2025 P.C. :

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.10.30 13:12:42 +0530 MUGDHA MANOJ PARANJAPE 1.

This is an Application for anticipatory bail. 2.

The Applicant is apprehending his arrest in Crime No.602 of 2025 registered with Parksite Police Station for the offences punishable under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

It is the case of the prosecution that the Applicant and co-accused falsely represented to the first informant that they are in need of money for registration of certain immovable property pursuant to decree of civil court in their favour and thus they need investor. It is alleged that they promised him good returns on his investment. It is alleged that on the basis of said false representation, they defrauded him to the tune of Rs.40,00,000/-.

2 913-ABA 2405-25 @ IA 3776-25.doc 4.

Learned Senior Counsel for the Applicant has tendered the Affidavit cum Undertaking of the Applicant. The same is taken on record and marked 'X' for the purpose of identification. For the ease of reference the Affidavit cum Undertaking is reproduced hereinbelow:

3 913-ABA 2405-25 @ IA 3776-25.doc

4 913-ABA 2405-25 @ IA 3776-25.doc 5.

Learned Counsel for the Intervenor-first informant, on instructions, submits that appropriate order may be passed in view of the above Affidavit cum Undertaking filed by the Applicant, which is acceptable to the first informant.

6.

Considering the facts and circumstances, the following order is passed:

ORDER

i.

The Anticipatory Bail Application is allowed. ii.

In the event of the arrest of the Applicant in Crime No.602 of 2025 registered with Parksite Police Station for the offences punishable under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

iii. Liberty is granted to the first informant to file an application for cancellation of present anticipatory bail in case the Applicant commits default in paying the amount in terms of the Affidavit cum Undertaking filed by him.

7.

The investigating officer shall instruct the Bank of Baroda to defreeze the bank account of the Applicant.

8.

The present Anticipatory Bail Application is disposed of in the aforesaid terms.

9.

The intervention application also stands disposed of. (N.R. BORKAR, J.)