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Bombay High Court

SHAKEEL SYEDversusSTATE OF MAHARASHTRA

Decided
Disposal
ANTICIPATORY BAIL GRANTED

Holding

The court granted anticipatory bail because the applicant was not named in the FIR, had no prior record, had complied with interim directions, and the investigation was complete.

Summary

The applicant, owner of premises where a fraudulent call centre operated, feared arrest in a cyber‑fraud case (Crime No. 30 of 2026) despite not being named in the FIR. The FIR alleged that employees impersonated insurance officers to obtain money from victims. The applicant’s wife, similarly implicated, had already been granted anticipatory bail. The applicant argued he had no prior record, had complied with interim court directions, and that the investigation was complete with a charge‑sheet filed. The State contended the offence was serious and bail should be denied. The court held that, given the applicant’s lack of direct involvement, clean record, and cooperation, custodial interrogation was unwarranted and confirmed the interim protection, granting anticipatory bail subject to conditions.

Issues considered

  • Whether a person who owns the premises used for an alleged offence, but is not named in the FIR, is entitled to anticipatory bail.
  • Whether the seriousness of the offence under Sections 318(4) and 319(2) of the Bharatiya Nyaya Sanhita precludes anticipatory bail.
  • Whether compliance with interim court directions and absence of prior criminal antecedents justify granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • ownership of premises
  • cyber fraud
  • insurance fraud
  • Bharatiya Nyaya Sanhita
  • bail conditions
  • criminal procedure

Judgment

                                                           04-ABA-2570-2026.odt

Harish

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
     ANTICIPATORY BAIL APPLICATION NO. 2570 OF 2026
Shakeel Syed                                                  ...Applicant
            V/S.
The State of Maharashtra                                      ...Respondent
_____________________________________________________________
Adv. Resham Sahni, for the Applicant.
Adv. Ashok S. Gawai, APP for the Respondent – State.
PSI - Mr. Sameer Bagade, Cyber Police Station, Navi Mumbai is present.
_________________________________________________________
                 CORAM : PRAFULLA S. KHUBALKAR, J.
                 DATE : 29TH SEPTEMBER, 2026.

P.C. :-

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

respondent-state.

2.         The applicant is apprehending arrest in connection with Crime

No. 30 of 2026 dated 16.07.2026 registered with Navi Mumbai, Cyber

Police Station for the offence punishable under Sections 318(4), 319(2) read

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

3.        It is alleged in the FIR that a call center was actively operated at

Office No. 801, 'A' Wing, Plot No. X4/1, 4/2, Mahape where the employees

at this center systematically contacted citizens while falsely representing

themselves as authorized officers of legitimate insurance companies. By



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doing so, the staff induced unsuspecting customers to transfer money under

the pretext of purchasing insurance policies; however, upon receiving the

funds, the center failed to issue any actual policies. On the basis of these

allegations FIR is registered against three persons, wherein this applicant is

not arraigned as accused.

4.        The learned counsel for the applicant submits that the present

offence was registered against three co-accused individuals, all of whom

have already been arrested and subsequently released on regular bail. The

applicant genuinely apprehends arrest solely due to his ownership of the

premises where the alleged call center was operated. Crucially, the

applicant’s wife, who has been attributed an identical role in the alleged

offence, was granted anticipatory bail by the Sessions Court on July 23,

2026, in Anticipatory Bail Application No. 621 of 2026. While the Sessions

Court initially granted interim protection to this applicant, it ultimately

rejected the final Anticipatory Bail Application on the sole ground of alleged

non-cooperation and non-attendance at the police station. He further states

that the applicant has strictly complied with the interim order passed by this

court by attending the police station and possesses no prior criminal

antecedents. Furthermore, the investigation is complete, and the charge-

sheet has already been filed.

5.        The learned APP for the respondent-state opposed the application,

submitting that the offence registered is serious in nature and, therefore, the


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present Anticipatory Bail Application deserves to be rejected. However, the

learned APP did not dispute that the investigation is complete and the

charge-sheet has already been filed. Furthermore, it is not disputed that the

applicant has attended the police station as directed by this Court and carries

no prior criminal antecedents.

6.        Perused the FIR and the documents placed on record. It is evident

that the applicant is not named in the FIR. The sole allegation linking him to

the crime is his ownership of the premises where the call center operated.

Notably, the applicant's wife, who is attributed an identical role, has already

been granted anticipatory bail by the Sessions Court. Furthermore, the

applicant has strictly complied with the interim directions of this Court by

regularly attending the police station, possesses no prior criminal

antecedents, and the investigation is complete with the charge-sheet already

filed. Under these circumstances, custodial interrogation of this applicant is

not warranted, and the interim protection granted by this court, needs to be

confirmed.

7.        In view of the above the interim protection grated by the order

dated 11th September 2026 is confirmed subject to certain conditions.

8.        Hence, I pass the following order :

                                 : ORDER :

                (i)     Anticipatory Bail Application is allowed.

                 (ii)   In the event of arrest of the applicant in


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               Crime No. 30 of 2026 dated 16.07.2026 registered

               with Navi Mumbai, Cyber Police Station for the

               offence punishable under Sections 318(4), 319(2)

               read with Section 3(5) 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) with one solvent

               surety of the like amount.

               (iii)   The applicant shall cooperate during

               investigation   and     trial   and   shall   attend

               Investigating Agency as and when called upon.



9.        Accordingly, the Anticipatory Bail Application is allowed and

disposed of.




                                     (PRAFULLA S. KHUBALKAR, J.)




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