MOHD. ASARAF ALIHASAN KHANversusSTATE OF MAHARASHTRA

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                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

VASANT
ANANDRAO
IDHOL                        ANTICIPATORY BAIL APPLICATION NO.1628 OF 2026


Digitally signed
by VASANT          Mohd.Asaraf Alihasan Khan                             ...Applicant
ANANDRAO
IDHOL                         V/s.
Date:              State of Maharashtra & Anr.                           ...Respondents
2026.10.08
20:00:54 +0530


                   Mr.Ashok Kumar Dubey with Mr.Amit Pandey i/b SAVJ Law Solutions
                   for the Applicant.

                   Mr.Prasanna P. Malshe, APP for the Respondent – State.

                   Mr.Bilal A. Mohorwala for the Complainant.

                   Mr.Vinod Chavan, API, Narpoli Police Station is present in Court.

                                     CORAM : PRAFULLA S. KHUBALKAR, J.
                                     DATE : 8TH OCTOBER, 2026.
                   P.C. :-

                   1.           Heard learned counsel for applicant and learned APP for

                   respondent.

                   2.           By this application filed under Section 482 of Bharatiya

                   Nagarik Suraksha Sanhita, 2023 (BNSS) for seeking pre-arrest bail in

                   connection with Crime No.352 of 2026 registered with Narpoli Police

                   Station for the offence punishable under Section 306 read with

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Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS).

3.         The FIR is registered on the basis of the report lodged by

the Head Supplier of the Company by name Seize International Pvt.

Ltd. situated at Bhiwandi. The complainant has alleged that on 18 th

April, 2026 when the furniture boxes were being loaded for

transportation, in the CCTV footage, it was seen that the persons who

were working as helpers, named in the FIR had committed theft of

furniture boxes. On the basis of this report, FIR came to be registered

against two accused persons. The applicant is not named in the FIR as

accused person.

4.         Learned counsel for applicant submits that this applicant is

not named in the FIR and the report is lodged on the basis of the

CCTV footage which showed the presence of only two accused

persons. He submits that there is no material to show any overt act on

the part of this applicant in the alleged offence of theft. Apart from

this, he submits that the applicant was granted interim protection by

this Court by an order dated 30th July, 2026 which is not misused. He

further submits that considering the registration of the offence against

the accused persons, he is ready to join in the investigation and extend

co-operation. Learned counsel for applicant therefore, prays for

confirmation of the interim protection.

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5.         The application is opposed by the learned APP as well as

learned counsel for respondent no.2. He submits that the offence is

registered on the basis of the CCTV footage and even the applicant has

accompanied the accused persons. Learned counsel for respondent

no.2 submits that during inquiry and audit of stock in this regard it

has been revealed that the applicant along with other accused persons

have committed similar acts of theft. He therefore, submits that the

applicant’s involvement in the offence with others is apparently clear.

6.         On perusal of FIR and documents filed on record, it has to

be noted that the offence is registered on the basis of CCTV footage

which according to the complainant disclosed the presence of only two

persons who are named in the FIR. The applicant is not arrayed as an

accused. Thus at this stage the contentions of the respondents that the

applicant was also seen in the CCTV footage does not appear to be

acceptable since the offence is registered on the basis of the CCTV

footage, which showed presence of only two persons.

7.         Further, considering the fact that the applicant was granted

interim protection by an order dated 30 th July, 2026, which is not

misused by him, the interim protection needs to be confirmed.

Considering the fact that the offence is registered against the

applicant, he needs to be directed to join in the investigation and

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extend co-operation.

8.        Hence I pass the following order :-

                        ORDER:

a).       The application is allowed.

b).       In the event of arrest of this applicant in connection with

Crime No.352 of 2026 registered with Narpoli Police Station for the

offence punishable under Section 306 read with Section 3(5) of BNS,

he be released on bail on furnishing P. R. Bond of Rs.25,000/-

with one solvent surety in the like amount.

c).       The applicant is directed to attend the Police Station

on every Monday for a period of four weeks and thereafter as

and when called upon by the Investigating Agency. The applicant

shall extend co-operation during the investigation and trial.

9.        Accordingly, the instant applicant is allowed and

disposed of.




                                        (PRAFULLA S. KHUBALKAR, J.)




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