Bombay High Court
MUNTAQEEM ABDUL MATEEN SHAIKHversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The Court granted anticipatory bail to the applicant with stringent conditions.
Summary
Muntaqeem Abdul Mateen Shaikh applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a theft case (Section 303(2) of the Bharatiya Nyaya Sanhita, 2023) where a motorcycle was stolen. The co‑accused was captured on CCTV, arrested and a chargesheet was filed, but the applicant was not seen in the footage. The prosecution argued that the applicant was part of the common intention, while the defence highlighted the completed investigation and the applicant’s willingness to cooperate. The Court examined the material and, noting the lack of direct evidence against the applicant, decided to grant anticipatory bail subject to stringent conditions. The order required a bond, regular police reporting, non‑interference with witnesses, and other restrictions.
Issues considered
- Whether anticipatory bail should be granted to the applicant under Section 482 of the BNSS, 2023.
- Whether the completed investigation and lack of CCTV evidence against the applicant justify bail.
- Whether the applicant’s alleged participation in the theft warrants denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2)
Subjects
- anticipatory bail
- Section 482
- theft
- motorcycle theft
- CCTV evidence
- bail conditions
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
41-ABA-2453-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2453 OF 2026
Muntaqeem Abdul Mateen Shaikh …Applicant
Versus
The State of Maharashtra …Respondent
Mr. Shaikh Ebaad a/w. Shaikh Rukhsar, for the Applicant.
Mr. S. V. Walve, APP, for the Respondent-State.
Mr. Sandeep Shivaji Pawar, BN 12108, attached to Kalamboli Police
Station, Navi Mumbai, present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 18th SEPTEMBER 2026
PC:-
1. Heard Mr. Shaikh, learned Counsel appearing for the
Applicant and Mr. Walve, learned APP appearing for the
Respondent-State.
2. This application is filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail
in connection with C.R. No.159 of 2026 registered with Kalamboli
Police Station, Navi Mumbai, for the offences punishable under
Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).
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3. As per the prosecution case, motorcycle of the First
Informant was stolen and therefore, the FIR has been filed.
4. It is the submission of learned Counsel appearing for the
Applicant that the co-accused was seen in the CCTV footage and
the co-accused has been arrested and the chargesheet is also ready
and therefore, the investigation is practically completed. He
submits that although there is antecedent against the Applicant, he
has been released on bail in that case. He submits that the
Applicant will co-operate with the investigation.
5. On the other hand, learned APP strongly opposes the
Anticipatory Bail Application. He submits that the Applicant is
involved in the crime as the co-accused and the Applicant have
acted in furtherance of their common intention.
6. Perusal of the record shows that the co-accused was seen in
the CCTV footage committing the theft of the said motorcycle.
However, the Applicant has not been seen in the said CCTV
footage. The co-accused has been arrested and the investigation is
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41-ABA-2453-2026.DOC
practically completed as the chargesheet has been submitted for
approval.
7. Thus, in the facts and circumstances, the case is made out
for grant of Anticipatory Bail by imposing stringent conditions. In
view thereof, the following order is passed:
ORDER
(a) In the event of arrest of the Applicant-Muntaqeem
Abdul Mateen Shaikh in connection with C.R. No.159
of 2026 registered with the Kalamboli Police Station,
Navi Mumbai, the Applicant is directed to be released
on bail on his furnishing P.R. Bond in the sum of
Rs.50,000/- with one or two solvent sureties in the
like amount.
(b) The Applicant shall attend the concerned Police
Station on 29th September 2026 and 30th September
2026 between 11:00 a.m. to 01:00 p.m. and shall
cooperate with the investigation.
(c) The Applicant shall attend the concerned Police
Station on every Sunday between 11:00 a.m. to 02:00
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41-ABA-2453-2026.DOC
p.m. till the conclusion of the trial.
(d) The Applicant shall furnish his cell phone number and
residential address to the Investigating Officer and
shall keep the same updated, in case of any change
thereto.
(e) The Applicant shall not directly or indirectly make any
inducement, threat, or promise to any person
acquainted with the facts of the case so as to dissuade
such a person from disclosing the facts to the Court or
to any Police personnel.
(f) The Applicant shall not tamper with the prosecution
evidence and shall not contact or influence the
Complainant or any witness in any manner.
(g) The Applicant shall not leave India without prior
permission of the Court.
8. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.09.19
12:51:58
+0530
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