Irfan Nisar Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3506 OF 2025

1. Irfan Nisar Shaikh

2. Tamanna Irfan Shaikh ...Applicants V/s.

The State of Maharashtra & anr.

...Respondents

Mr. Niranjan Mundargi, a/w Adv. Keral Mehta, i/b Adv. Swapnil Dighe, Advocate for the Applicants.

Mr. V. N. Sagare, APP for the Respondent/State. Adv. Ganesh Gupta, a/w Adv. Aditya Walokar, G.G. Legal Associates, Advcoate for the Respondent No.2.

CORAM

:

N.R. BORKAR, J.

DATE :

25.03.2026.

P.C. :

1.

This is an application for Anticipatory Bail. 2.

The learned counsel for the applicants seeks leave to withdraw the present application qua applicant No.1. 3.

Leave as sought is granted.

4.

The applicant No.2 is apprehending her arrest in Crime 1/4

No. 435 of 2025 registered at C. B. D. Belapur Police Station, for the offences punishable under Sections 318(4), 61(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

5.

It is the case of the prosecution that the applicant No.2 and other co-accused defrauded the first informant to the tune of Rs. 1,90,00,000/- by inducing him to purchase the flat which was already attached by the Enforcement Directorate. 6.

I have heard the learned counsel for the applicants, the learned APP for the respondent-State and the learned counsel for the first informant.

7.

The learned counsel for the applicant No.2 submits that the main allegations are against the co-accused, Nowhera Shaikh. It is submitted that the applicant No.2 is not a signatory to any of the documents. It is submitted that there is no need of custodial interrogation and the applicant No.2 is ready and willing to cooperate in the investigation. It is further submitted that there are no other criminal antecedents against the applicant No.2. 8.

On the other hand, the learned APP for the respondent2/4

State and the learned counsel for the first informant submit that there are specific allegations of inducement against the applicant No.2. It is submitted that considering the nature of offence, the applicant No.2 may not be released on anticipatory bail. 9.

I have perused the First Informant Report. The main allegations are against the co-accused Nowhera Shaikh and Irfan Nisar Shaikh. There are no other criminal antecedents against the applicant No.2. Considering the said facts and as there appears to be no need of custodial interrogation, I am inclined to release the applicant No. 2 on anticipatory bail. In the result, the following order is passed :

O R D E R

a) The Application is partly allowed.

b) The application qua the Applicant No.1 is disposed off as withdrawn.

c) In the event of arrest of the applicant No.2Tamanna Shaikh in connection with Crime No. 435 of 2025 registered at C. B. D. Belapur Police Station, for the offences punishable under Sections 318(4), 3/4

61(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 the applicant No.2 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.

d) The applicant No.2 shall attend the concerned police station as and when called by the investigating officer and shall co-operate in the investigation.

[N.R.BORKAR, J.] 4/4