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
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2), 3(5)
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
1/4
04-ABA-2570-2026.odt
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
2/4
04-ABA-2570-2026.odt
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
3/4
04-ABA-2570-2026.odt
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.)
4/4
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.