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Bombay High Court

SHAHRUKH YUNUS PATELversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

The court granted anticipatory bail, holding that the co‑accused’s statement alone does not constitute admissible evidence to link the applicant to the offences.

Summary

Shaikh Patel applied for anticipatory bail in a case (Crime No. 580/2026) involving alleged violations of Sections 3, 7 and 25 of the Arms Act. The FIR was based on a raid conducted on secret information, during which firearms were seized and the applicant’s alleged involvement was inferred solely from a co‑accused’s statement. The applicant argued that the charge‑sheet contained no evidence linking him to the offences, and the court found that the co‑accused’s statement, even if accepted, is not admissible evidence against him and no other material exists. Consequently, the court allowed the anticipatory bail application, imposing conditions of a personal bond, surety, non‑contact with witnesses, and non‑interference with evidence. The order was directed to be communicated to the investigating police station.

Issues considered

  • Whether anticipatory bail can be denied when the only allegation against the applicant is a co‑accused’s statement.
  • Whether a co‑accused’s statement, without corroborating evidence, is sufficient to establish prima facie case under Sections 3, 7 and 25 of the Arms Act.
  • Whether the applicant’s antecedents justify refusal of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • Section 3
  • Section 7
  • Section 25
  • co‑accused statement
  • evidentiary insufficiency
  • bail conditions

Judgment

2026:BHC-AUG:43473




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                        927 ANTICIPATORY BAIL APPLICATION NO. 1329 OF 2026

                                         SHAHRUKH YUNUS PATEL
                                                 VERSUS
                                       THE STATE OF MAHARASHTRA

           Mr. M. H. T. Shaikh, Advocate for Applicant
           Mrs. P. J. Bharad, APP for Respondents/State

                                                        CORAM : R. M. JOSHI, J.
                                                        DATED      : 24th SEPTEMBER, 2026

           PER COURT :-

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

           580/2026,      registered    with   Shrirampur   City   Police   Station,   District

           Ahilyanagar, for the offences punishable under Sections 3, 7 and 25 of the

           Arms Act.



           2.    The First Information Report indicates that, on the basis of secret

           information, a raid was conducted, during which firearms and live cartridges

           were seized from the co-accused. The involvement of the present Applicant is

           sought to be established on the basis of the statement of the co-accused.



           3.    Learned Advocate for the Applicant submits that, except for the alleged

           statement of the co-accused, there is absolutely no evidence connecting the


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Applicant with the crime in question. According to him, the charge-sheet has

already been filed and it does not contain any evidence against the Applicant.



4.       Learned APP opposed the application by referring to the antecedents of

the Applicant. It is her contention that the name of the Applicant has been

disclosed by the co-accused and that the same is sufficient to indicate his

involvement in the crime. There is, however, no dispute about the fact that the

charge-sheet has already been filed.



5.       Perusal of the record indicates that, even if the alleged statement of the

co-accused is accepted, the same, by itself, is not admissible in evidence

against the present Applicant. There is no other evidence connecting the

Applicant with the crime. The charge-sheet also does not disclose any other

material sufficient to establish his complicity therein. Hence, the following

order:

                                      ORDER

               (i)    Application is allowed.

               (ii) In the event of arrest of applicant in connection with
               Crime No. 580/2026, registered with Shrirampur City Police
               Station, District Ahilyanagar, for the offences punishable
               under Sections 3, 7 and 25 of the Arms Act, 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.


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

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

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

6.    Learned APP for the Respondent/State to communicate this order to
the concerned Police Station.



                                                         ( R. M. JOSHI, J.)
ssp




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