Bombay High Court
NAIM SHAHA USMAN SHAHAversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
Holding
Anticipatory bail is granted because the sole evidence is an inadmissible co‑accused statement and no other material links the applicant to the offence.
Summary
The applicant, Naim Shaha Usman Shaha, filed an anticipatory bail application fearing arrest in a theft case (CR No. 447/2026) alleged to have occurred on 7 July 2026 in a temple. The prosecution’s case relied solely on a statement of a co-accused, which the applicant’s counsel argued is inadmissible and there is no other evidence linking him to the offence under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. The respondent highlighted the applicant’s criminal antecedents, but the court found no substantive material beyond the inadmissible co-accused statement. Consequently, the court held that the applicant’s liberty must be protected and granted anticipatory bail with standard conditions, including a personal bond, surety, non‑contact with witnesses, and cooperation with the investigation.
Issues considered
- What is the appropriate exercise of discretion under anticipatory bail when the only material against the applicant is an inadmissible statement of a co‑accused?
- Whether the absence of any other evidence justifies granting anticipatory bail under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2)
Subjects
- anticipatory bail
- inadmissible evidence
- co‑accused statement
- Theft
- Section 303(2) B.N.S.
- bail conditions
Judgment
2026:BHC-AUG:42090
937-ABA-1639-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
937 ANTICIPATORY BAIL APPLICATION NO. 1639 OF 2026
Naim Shaha Usman Shaha
Versus
The State Of Maharashtra
Mr. B. S. Doifode, Advocate for Applicant
Mrs. P. J. Bharad, APP for Respondents
CORAM :R.M. JOSHI, J
DATE :SEPTEMBER 11, 2026
P. C. :
1. Applicant apprehends arrest in connection with C.R. No.
447/2026 registered with Police Station CIDCO, District Chhatrapati
Sambhajinagar for the offences punishable under Sections 303(2) of the
Bharatiya Nyaya Sanhita, 2023.
2. In short it is the case of the prosecution that between the
intervening night of 06.07.2026 and 07.07.2026, theft was committed in a
temple. In connection with this, co-accused came to be arrested. On the
basis of his statement, involvement of Applicant is sought in this crime.
3. Learned Counsel for the Applicant submits that except for the
alleged statement of co-accused, which is not permissible in evidence, there
is no evidence to connect Applicant with the crime. He, therefore, seeks
liberty of the Applicant be protected.
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937-ABA-1639-2026.odt
4. Learned APP opposed application by referring to the criminal
antecedents against him.
5. Perusal of the record does not indicate that except for the
alleged statement of the accused, there is no evidence to show complicity of
the Applicant in crime. The incident had occurred on 07.07.2026 and as
such, it was possible for the investigating officer to collect further evidence
in order to show involvement of the Applicant in this crime. However, there
is no such investigation done. Thus, only evidence in this case is statement
of co-accused, which is not admissible in trial. Hence, liberty of the
Applicant deserves to be protected. Hence, the order:
ORDER
(i) Anticipatory Bail Application is allowed.
(ii) In the event of arrest of the Applicant in connection with C.R.
No. 447/2026 registered with Police Station CIDCO, District
Chhatrapati Sambhajinagar for the offences punishable under
Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023, he
shall be released on bail on furnishing PR bond of Rs. 15,000
(Rupees Fifteen Thousand Only) with one surety in the like
amount.
(iii) He shall attend the concerned police station as and when
required.
(iv) He shall not contact the witnesses directly or indirectly.
(v) He shall not interfere with the evidence in any manner
whatsoever.
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937-ABA-1639-2026.odt
(vi) He is further directed to cooperate the investigating agency
for further investigation.
(R. M. JOSHI, J.)
Malani
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