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Bombay High CourtABA/3146/2025allowed

Faiz Ahmed Khan v. State Of Maharashtra

2025-11-18Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3146 OF 2025 Faiz Ahmed Khan ...Applicant V/s.

The State of Maharashtra

...Respondent

Ms. Anjali Awasthi, Advocate for the Applicant. Mr. V. N. Sagare, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

18.11.2025.

P.C. :

1.

This is an application for Anticipatory Bail. 2.

The applicant is apprehending his arrest in Crime No. 184 of 2025 registered at Dadar Railway Police Station, for the offences punishable under Sections 309(4), 3(5) read with 61(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

According to the prosecution, on the date of incident, which took place on 28.02.2025, the first informant had collected the cash amount of Rs.19,00,000/- from one Shankar Devasi towards certain business transaction. It is alleged that while the 1/3

first informant was returning with the said cash to his office, the co-accused in the present crime accosted him near Sion Railway Station and robbed him of the said cash amount of Rs.19,00,000/-. It is alleged that the applicant was part of conspiracy which was hatched before committing the said robbery.

4.

I have heard the learned counsel for the applicant and the learned APP for the respondent-State.

5.

The learned counsel for the applicant submits that the applicant is a businessman and has nothing to do with the alleged robbery. It is submitted that there are no other criminal antecedents against the applicant.

6.

On the other hand, the learned APP for the respondentState submits that the applicant was in contact of the co-accused Samir. In support of submission, the learned APP has drawn my attention to the CDR collected by the investigating officer during the course of investigation. It is submitted that for the recovery of the robbed amount, the custodial interrogation of the applicant is necessary.

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7.

Except for the CDR between the present applicant and co-accused Samir, there is no other incriminating material against the present applicant. The prosecution has already filed chargesheet against the other co-accused. There are no other criminal antecedents against the applicant. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed :

O R D E R

a) The Application is allowed.

b) In the event of arrest of the applicant in connection with Crime No. 184 of 2025 registered at Dadar Railway Police Station, for the offences punishable under Sections 309(4), 3(5) read with 61(2) of the Bharatiya Nyaya Sanhita, 2023, the applicant be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.

[N.R.BORKAR, J.] 3/3