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Bombay High Court

ABDULLA ZAID CHUNAWALAversusSTATE OF MAHARASHTRA

Decided
Disposal
ANTICIPATORY BAIL GRANTED

Holding

The Court held that anticipatory bail is warranted and granted to the applicant.

Summary

The applicant, a proprietor of a used‑vehicle business, was named in FIR No. 611 of 2026 for alleged fraud involving the use of two different Aadhaar cards by another accused who had purchased a car from him. He filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking protection from arrest for offences punishable under Sections 3(5), 318(4), 336(2), 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023. The respondent argued that the allegations were serious and constituted fraud against the government, while the applicant contended that his involvement was merely as a seller and that he had cooperated fully with the investigation. The Court observed that the primary allegations of cheating were directed at the other accused and that the applicant’s cooperation negated any need for custodial interrogation. Accordingly, the Court granted anticipatory bail, directing the applicant to furnish a Rs.25,000 bond, attend police inquiries as required, and refrain from influencing witnesses. The application was therefore allowed and disposed of.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 BNSS for offences under the Bharatiya Nyaya Sanhita.
  • Whether the applicant’s alleged role as a vehicle seller justifies release on bail despite the seriousness of the fraud allegations.
  • Whether the conditions imposed by the Court are appropriate to ensure the applicant’s cooperation and prevent witness tampering.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Aadhaar fraud
  • used vehicle transaction
  • bail conditions

Judgment

                                                        923-ABA-1853-2026.odt

Harish

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
     ANTICIPATORY BAIL APPLICATION NO. 1853 OF 2026

Abdulla Zaid Chunawala                                     ...Applicant
            V/S.
The State Of Maharashtra                                   ...Respondent
_____________________________________________________________
Adv. Fakhruddin Khan, for the Applicant.
Adv. Ashok S. Gawai, APP for the Respondent – State.
PSI – Mr. Nitin Kamble, (Pairavi Officer), Amboli Police Station is present.
________________________________________________________
                CORAM : PRAFULLA S. KHUBALKAR, J.
                DATE : 29th AUGUST, 2026.
P.C. :-

1.        Heard learned counsel for the applicant as well as learned APP for

the respondent-state.

2.        The applicant is apprehending arrest in Crime No. 611 of 2026

registered with Amboli Police Station, for the offence punishable under

Sections 3(5), 318(4), 336(2), 336(3) and 340(2) of the Bharatiya Nyaya

Sanhita (BNS), 2023.

3.        The applicant has filed the instant application under Section 482

of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking pre-arrest

bail.


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4.        Learned Counsel for applicant submits that applicant is proprietor

of OTO Fliver which is involved in buying and selling used vehicles. The

allegations as levelled in the FIR are with respect to use of two Aadhar

Cards with two different numbers by the accused no.1. It is alleged that

accused no.1 has purchased a used car from this applicant and it is alleged

that he has used two different Aadhar Cards and thereby cheated the

government.

5.        He submitted that the allegations about cheating by using two

different Aadhar cards are against the other accused persons and name of

this applicant is involved only because the accused no.1 has purchased a

used car from this applicant. Learned counsel for the applicant also pointed

out that the accused no.4 Mohsin Shaikh has already been granted

anticipatory bail by the Sessions Court by order dated 14 th August, 2026 in

ABA No. 1168 of 2026. In view of these allegations, at this stage, the

applicant is ready to extend cooperation during investigation by attending

the police station as and when called upon and the custodial interrogation of

this applicant need not be insisted upon.

6.        The application is opposed by the learned APP by submitting that

the allegations about use of two different Aadhar Cards are serious in nature

and there is an attempt by the accused persons to commit fraud against the

Government Officials. He, however submits that the applicant has attended



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the Amboli Police Station on every Monday and Friday in accordance with

order dated 16th July, 2026.

7.           Considering the allegations in the FIR, it appears that the main

allegations about cheating by using two different Aadhar Cards are against

other accused persons and this applicant is arraigned, only because the

accused no.1 has purchased a used car from this applicant. Since the

investigation relates to the documentary evidence, the custody of this

applicant need not be insisted. In view of the fact that the applicant has

joined in the investigation and extended cooperation by attending police

station, the interim protection granted by order dated 16 th July, 2026 needs to

be confirmed.

8.           Hence, I pass the following order :


                                   : ORDER :

       i]    The Anticipatory Bail Application is allowed.

       ii]    In the event of arrest of the applicant in Crime No.

       611 of 2026, registered with Amboli Police Station, for the

       offence punishable under Sections 3(5), 318(4) 336(2),

       336(3) and 340(2) of the Bharatiya Nyaya Sanhita (BNS),

       2023, he be released on bail on furnishing P. R. Bond

       of Rs.25,000/- (Rupees Twenty Five Thousand Only)


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      with one surety in the like amount.

      iii]      The Applicant is directed to attend the police

      station as and when called upon by the investigating

      agency.

      iv]       The applicant shall not directly or indirectly

      influence the witnesses in any manner.

      v]       The applicant is directed to communicate his

      Aadhar Card number and contact details / phone

      number to the investigating agency.

9.           In view of the above, the Anticipatory Bail Application is

allowed and disposed of.




                                    (PRAFULLA S. KHUBALKAR, J.)




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