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Bombay High CourtABA/57/2026disposed off as withdrawn

Rahul Baban Jagtap v. The State Of Maharashtra And ANR.

2026-03-05Hon'Ble Shri Justice Ranjitsinha Raja Bhonsale3 pages

1 113-ABA 57-26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.57 OF 2026 Abdul Qadir Shaikh ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. Edgar Kennedy Braganza a/w Edgar P. Braganza for the Applicant. Ms. Supriya Kak for the Respondent-State.

----- CORAM :

N.R. BORKAR, J.

DATE :

02ND FEBRUARY 2026 P.C. :

1.

Mentioned out of turn.

2.

This is an Application for anticipatory bail. Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2026.02.28 12:30:54 +0530 MUGDHA MANOJ PARANJAPE 3.

The Applicant is apprehending his arrest in Crime No.510 of 2025 registered with Kashigaon Police Station for the offences punishable under Sections 332, 351(2), 356(2) and 308(2) of the Bharatiya Nyaya Sanhita, 2023.

4.

The present Applicant is Accused No.2 in the present crime. It is the case of the prosecution that Accused No.1, who is a tenant of the first informant, had demanded Rs.2,50,000/- to vacate the tenanted premises. The allegations against the present Applicant are of extorting Rs.4900/- from the first informant to get the said premises vacated from Accused No.1.

2 113-ABA 57-26.doc 5.

I have heard Learned Counsel for the Applicant and Learned APP for the Respondent-State.

6.

Learned Counsel for the Applicant submits that the Applicant has nothing to do with the alleged crime. It is submitted that the dispute, if any, is between the first informant and Accused No.1. It is further submitted that amount of Rs.4,900/- was deliberately transferred to the account of the present Applicant and when he tried to return the amount, he found out that the account was deleted. It is submitted that there is no need of custodial interrogation and the Applicant is ready and willing to cooperate in the investigation. It is further submitted that there are no other criminal antecedents against the present Applicant. 7.

On the other hand, Learned APP for the Respondent-State submits that the Applicant is involved in a serious crime of extortion and cheating. It is submitting that considering the nature of crime, the Applicant may not be released on anticipatory bail.

8.

I have perused the FIR and the documents placed on record. Primafacie there appears to be substance in the submission of the Learned Counsel for the Applicant. The main allegations are against Accused No.1. Considering the facts and circumstances of the case, I am inclined to release the Applicant on anticipatory bail. Hence, the following order:-

ORDER

i.

The Anticipatory Bail Application is allowed.

3 113-ABA 57-26.doc ii.

In the event of the arrest of the Applicant in Crime No.510 of 2025 registered with Kashigaon Police Station for the offences punishable under Sections 332, 351(2), 356(2) and 308(2) 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. The Applicant shall attend the concerned Police Station as and when called for by the investigating officer and shall cooperate in the investigation. 9.

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

(N.R. BORKAR, J.)