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Bombay High CourtABA/234/2026application allowed

Shaikh Abrar Shaikh Aziz v. The State Of Maharashtra And Another

2026-04-29Hon'Ble Shri Justice Mehroz K. Pathan4 pages

2026:BHC-AUG:19420 1 906.ABA-234-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 234 OF 2026 SHAIKH ABRAR SHAIKH AZIZ

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Jadhav Satej S.

APP for Respondents/State : Mrs. P. J. Bharad ...

CORAM : MEHROZ K. PATHAN, J.

DATE : 29th APRIL 2026 PER COURT :

1.

Heard the learned Counsel for the Applicant and the learned APP for the State.

2.

The Applicant has approached this Court, seeking anticipatory bail in connection with Crime No.658/2025 registered with Dhule Taluka Police Station, District Dhule for the offences punishable under Sections 180, 179 of Bharatiya Nyaya Sanhita, 2023.

3.

The learned Counsel for the Applicant submits that the Applicant has been added as an accused solely on the basis of suspicion. In fact, the Applicant assisted the police party in conducting the search operation at the house of Accused No.2, Amit Choure. The original Accused No.1/Zafar, was already arrested from

2 906.ABA-234-2026.doc the spot. The CCTV footage clearly shows that the Applicant assisting the police party in searching the house of Accused No.2. Accused No.2 is already discharged, and an 'A' Summary Report is filed against him in the said crime. The Applicant has no criminal antecedents and is ready to abide by any conditions that may be imposed by this Court. Hence, the Applicant prays for protection. 4.

As against this, the learned APP strongly opposes the present application on the ground that the Applicant is involved in the serious offence of circulating counterfeit currency and using the same as genuine. The offence is grave in nature. The role of the Applicant is clearly made out during the investigation, showing that he is the one who planted the counterfeit currency in order to implicate Accused No.2/Amit Choure, and thereafter led the police party to the house of Accused No.2. The custodial interrogation of the Applicant is therefore necessary to investigate the crime from all angles. There is every likelihood that a larger racket is involved, which can be unearthed only after custodial interrogation of the Applicant. Hence, this is not a fit case to release the Applicant on bail.

5.

I have gone through the investigation papers made available by the learned APP. The record shows that the Applicant assisted the police party while conducting the raid at the house of Accused No.2, Amit Choure, who stands discharged in the said offence. The Applicant has no criminal antecedents and is ready to abide by any

3 906.ABA-234-2026.doc conditions that may be imposed by this Court. The main Accused, Zafar, is already arrested, and counterfeit currency has been seized from him. Accused No.2, Amit Choure, has also been arrested and subsequently released on bail.

.

Taking into consideration the limited role attributed to the present Applicant, who was merely present at the time of conducting the search operation at the house of Accused No.2 and assisted the police party, I am inclined to protect the Applicant in exercise of discretionary powers under Section 482 of the BNS. Hence the following order :

ORDER

(i) In the event of arrest of the Applicant - Shaikh Abrar Shaikh Aziz in connection with Crime No.658/2025 registered with Dhule Taluka Police Station, District Dhule for the offences punishable under Sections 180, 179 of Bharatiya Nyaya Sanhita, 2023, he be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount, on the following conditions :

(a) The Applicant shall attend Dhule Taluka Police Station, District Dhule on every Saturday between 11:00 am. to 01:00 pm. and thereafter as when called by the Investigating Officer, till filing of the supplementary charge-sheet if any, against the Applicant. (b) The Applicant shall not tamper with the prosecution evidence and shall not influence the witnesses.

(c) The Applicant shall submit his Aadhar and PAN Cards to the Investigating Officer and detailed addresses and phone numbers of himself and two of the near relatives.

4 906.ABA-234-2026.doc (e) A single violation of the conditions would entitle the prosecution to seek cancellation of the bail. (ii) The application is allowed in the above terms and stands disposed of.

MEHROZ K. PATHAN JUDGE NAJEEB..