Bombay High Court

KHAN MINHAJ ABDUL JALEEL KHANversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF
Bench: R M JOSHI

Holding

The anticipatory bail application is allowed.

Summary

The applicant, Khan Minhaj Abdul Jaleel Khan, filed an anticipatory bail application in connection with Crime No. 0169 of 2026, alleging offences under Sections 318(4), 338, 336(3), 340(2) read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023. The FIR alleges that the applicant's brother and co‑accused prepared a false birth certificate to aid the applicant’s municipal election contest, but the investigation records contain no direct evidence linking the applicant to the crime. The applicant’s counsel argued that there is no material to justify pre‑arrest detention and that custodial interrogation is unnecessary. The State opposed the bail on grounds of the seriousness of the offences and the applicant’s criminal history. The Court, after a prima facie review, found no evidence against the applicant, held that custodial interrogation was not required, and consequently granted anticipatory bail with standard conditions.

Issues considered

Whether anticipatory bail should be granted when the FIR implicates co‑accused but lacks direct evidence against the applicant.
Whether custodial interrogation of the applicant is necessary in the circumstances.
Whether alleged misuse of the applicant’s Aadhaar by the co‑accused affects the bail decision.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 3(5)

Subjects

anticipatory bail
false document
election fraud
Bhartiya Nyaya Sanhita
Section 318
Section 338
Section 336
Section 340
Aadhaar misuse
bail conditions

Judgment

2026:BHC-AUG:26559

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO. 1020 OF 2026

Khan Minhaj Abdul Jaleel Khan
VERSUS
The State Of Maharashtra

Mr. A. K. Bhosle, Advocate for applicant
Ms. P. J. Bharad, APP for respondent-State

CORAM : R. M. JOSHI, J.
DATE : 07th JULY, 2026

PER COURT :-

1. Applicant seeks pre-arrest bail in connection with Crime No.

0169 of 2026, registered with City-Chowk Police Station, Dist.

Chhatrapati Sambhajinagar, for the offences punishable under Sections

318(4), 338, 336(3), 340(2) read with Section 3(5) of the Bhartiya

Nyaya Sanhita, 2023.

2. First Information Report depicts that brother of the present

applicant for the purpose of contesting elections of Municipal

Corporation has shown his third child to be the child of present applicant.

The allegations in the First Information Report suggest that co-accused

Sanju Ustad prepared false document i.e., Birth Certificate in order to

support the claim of the co-accused. During the course of inquiry of the

said certificate, it was found to be fake one. Thus, evidence came to be

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registered against applicant and others.

3. Learned Counsel for the applicant submits that even if

allegation against co-accused are accepted to be true, there is no

evidence to show involvement of the present applicant in this crime. He

cannot be denied pre-arrest bail. It is his further submission that having

regard to the investigation made till date, further investigation would not

require. Custodial interrogation of the applicant would not require.

4. Learned APP opposes application by citing seriousness of

crime so also criminal history against present applicant.

5. Prima facie, perusal of the First Information Report indicates

that there are allegations against co-accused, who is brother of the

applicant of creating false document. There is allegation against co-

accused Sanju Ustad of preparing of false document. Investigation

papers do not indicate any evidence against the present applicant that he

abated the commission of the crime. As far as misuse of Adhar Card of

the applicant and his wife is concerned, since the co-accused is real

brother of the applicant, possibility of misuse of the same by the co-

accused is not ruled out. In any case, having regard to the said facts,

custodial interrogation of the applicant may not be necessary.

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ORDER

(i) Application is allowed.

(ii) In the event of arrest of applicant in connection with
Crime No.0169 of 2026, registered with City-Chowk Police
Station, Dist. Chhatrapati Sambhajinagar, for the offences
punishable under Sections 318(4), 338, 336(3), 340(2)
read with Section 3(5) of the Bhartiya Nyaya Sanhita,
2023, he shall be released on bail on furnishing PR Bond
of Rs.15,000/- (Rupees Fifteen Thousand only) with one
solvent surety in the like amount.

(iii) He shall attend the concerned police station as and
when called.

(iv) He shall not contact the witnesses directly or
indirectly.

(v) He shall not interfere with the evidence in any
manner whatsoever.

(vi) He is further directed to cooperate the investigating
agency for further investigation.

(R. M. JOSHI, J.)

B. S. Joshi

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