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Bombay High Court

JAHANGEER KAMARALI ANSARI AND ANRversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The court held that there was prima facie substance to the contention that the incident was accidental and the applicants were not present, warranting the grant of anticipatory bail.

Summary

The applicants, Jahangeer Kamarali Ansari and Razi Ahmad Khan, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a fire incident at a godown that resulted in the death of a worker, Irfan Shaikh. The prosecution alleged that the applicants, who had taken the godown on rent, were involved in the incident and filed an FIR against them. The applicants contended they were not present at the scene, that the fire was accidental, and offered a compensation of Rs.7,00,000 to the victim's family. The court observed that the prosecution record indicated the applicants were not present and found prima facie substance to the claim of accident, thereby justifying anticipatory bail. Consequently, the court ordered the release of the applicants on bail with a bond of Rs.10,000 each and imposed standard conditions, disposing of the anticipatory bail application in their favour.

Issues considered

  • Whether anticipatory bail should be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the offences alleged under Sections 105, 287, 326 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the applicants' alleged non‑presence at the scene and the accidental nature of the fire negate the grounds for arrest.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • fire accident
  • criminal liability
  • compensation
  • bail conditions

Judgment

                                                                        04-ABA-2497-2026.DOC




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION
ARJUN                         ANTICIPATORY BAIL APPLICATION NO.2497 OF 2026
VITTHAL               1. Jahangeer Kamarali Ansari                         …Applicants
KUDHEKAR
                      2. Razi Ahmad Khan
Digitally signed by
ARJUN VITTHAL               Versus
KUDHEKAR
Date: 2026.10.03      The State of Maharashtra & Anr.                      …Respondents
19:55:33 +0530




                      Mr. Imtiyaz S. Shaikh a/w Saipan D. Shaikh & Hemant P. Ingale,
                      for the Applicants.
                      Mr. S. V. Walve, APP, for the Respondent-State.
                      Ms. Kajal Nishad a/w Roshni Vishwakarma, for Respondent No.2.


                                            CORAM:       MADHAV J. JAMDAR, J.
                                            DATED:       01 OCTOBER 2026
                      PC:-
                      1.      Heard Mr. Shaikh, learned Counsel appearing for the

                      Applicants, Mr. Walve, learned APP, for the Respondent-State of

                      Maharashtra and Ms. Kajal Nishad, learned Counsel appearing for

                      Respondent No.2.


                      2.      By this Anticipatory Bail Application filed under Section 482

                      of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicants

                      are seeking pre-arrest bail in connection with CR No.559 of 2026

                      registered with the Kondhwa Police Station, Pune City, for the

                      offences punishable under Sections 105, 287, 326 and 3(5) of the

                      Bharatiya Nyaya Sanhita, 2023.




                                                      Page 1
                      Arjun
                                                   04-ABA-2497-2026.DOC




3.       The prosecution case is set out in Paragraph No.2 of the

Order dated 25th August 2026 passed by the learned Additional

Sessions Judge, Pune in Bail Application No.3953 of 2026, which

reads as under:


        “2.    Prosecution story in short :

                There are allegations in the FIR that on
        17/07/2026 in the night at 9:00 pm at godown situated
        in Firdose Apartment at Juned Chowk, S.No.5,
        Ashrafnagar, Kondhwa wherein the work of wielding of
        iron rack for storing oil paint and other material was
        going on at that time there was a fire in this godown and
        as there was storage of explosive substances such as
        thinner, hardner, oil paint, turpentine and other plastic
        material due to which there was huge fire and as the
        shutter of godown was closed Mr. Irfan Shaikh who was
        doing the wielding work inside the godown died due to
        severe burn injuries. The applicant and co-accused
        Jehangir Ansari falsely told the fire fighter employees
        that nobody is there in the godown. So, they tried only to
        control the fire which was near the shutter, but as Irfan
        Shaikh was inside he could not be saved and he
        succumbed to burn injuries. Therefore, as the present
        applicant had taken this godown on rent and as he had
        engaged Irfan Shaikh for work so, the FIR is filed against
        him and co-accused Razi Khan who is the owner of the
        godown”

4.       As per the prosecution case, the First Informant’s husband

was doing welding work inside a godown of the Applicants where

paint material was stored. Since suddenly fire took place, the

husband of the First Informant / Respondent No.2 passed away.




                                  Page 2
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                                                  04-ABA-2497-2026.DOC




5.      Mr. Shaikh, learned Counsel appearing for the Applicants,

submits that the Applicants were not involved in the crime. He

submits that the Applicants were not present even at the spot of

the incident. He further submits that the incident is an accident.

However, he submits that as the First Informant has lost her

husband, the Applicants are ready and willing to pay an amount of

Rs.7,00,000/- to compensate her and, accordingly, three Demand

Drafts aggregating to Rs. 7,00,000/- i.e. two of Rs.2,00,000/- each

and one of Rs.3,00,000/- have been handed over to Respondent

No.2. Ms. Kajal Nishad, learned Counsel appearing for Respondent

No.2 confirms the said position.


6.      Perusal of the record shows that even as per the prosecution

case the Applicants were not present at the spot when the incident

in question took place.


7.      Prima facie, there is substance in the contention raised by

learned Counsel for the Applicants that the incident is of accident.


8.      Accordingly, in the facts and circumstances, case is made out

for grant of anticipatory bail.




                                  Page 3
Arjun
                                                  04-ABA-2497-2026.DOC




9.      In view thereof, the following Order is passed:


                                ORDER

        (a)   In the event of arrest of Applicant No.1 - Jahangeer

              Kamarali Ansari and Applicant No.2 - Razi Ahmad

              Khan in connection with CR No.559 of 2026

              registered with the Kondhwa Police Station, Pune City,

              the Applicants are directed to be released on bail on

              their furnishing PR Bond in the sum of Rs.10,000/-

              each with one or two solvent sureties each in the like

              amount.

        (b)   The Applicants shall attend the concerned Police

              Station, as and when necessary and shall cooperate

              with the investigation.

        (c)   The Applicants shall furnish their cell phone numbers

              and residential addresses to the Investigating Officer

              and shall keep the same updated, in case of any

              change thereto.

        (d)   The Applicants 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




                                 Page 4
Arjun
                                                   04-ABA-2497-2026.DOC




              such a person from disclosing the facts to the Court or

              to any Police personnel.

        (e)   The Applicants shall not tamper with the prosecution

              evidence and shall not contact or influence the

              Complainant or any witness in any manner.


10.     The Anticipatory Bail Application is disposed of accordingly.




                                           [MADHAV J. JAMDAR, J.]




                                 Page 5
Arjun


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