Created by Fuzzy Cloud

Bombay High Court

ALIM RAHIM SHAHversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

In the absence of any evidence connecting the applicant to the crime, anticipatory bail is warranted and prior antecedents are irrelevant.

Summary

Alim Rahim Shah applied for anticipatory bail fearing arrest in a case involving the seizure of large quantities of contraband gutkha. The FIR alleged his involvement based solely on a co-accused's statement, with no other evidence linking him to the offences under the Bharatiya Nyaya Sanhita and the Food Safety and Standards Act. Shah argued that the co-accused's statement lacked evidentiary value and that, absent any further proof, his liberty should be protected despite alleged criminal antecedents. The State contended that the seriousness of the crime and the quantity seized justified denial of bail. The Court found that no additional evidence connected Shah to the crime, rendering his antecedents irrelevant, and consequently granted anticipatory bail with standard conditions. Shah was ordered to furnish a bond, avoid contacting witnesses, and cooperate with the investigation.

Issues considered

  • Whether anticipatory bail can be granted when the only link to the accused is a co-accused's statement without corroborating evidence.
  • Whether the accused's prior criminal antecedents are relevant in the absence of substantive evidence of involvement.
  • Whether the seriousness of the offence and quantity of contraband seized justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • co-accused statement
  • evidentiary value
  • contraband gutkha
  • Food Safety and Standards Act
  • Bharatiya Nyaya Sanhita
  • criminal antecedents
  • bail conditions

Judgment

2026:BHC-AUG:27448




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                       ANTICIPATORY BAIL APPLICATION NO. 339 OF 2026

                                        ALIM RAHIM SHAH
                                              VERSUS
                                  THE STATE OF MAHARASHTRA
                                                …
           Mr. Sharad S. Solanke, Advocate for Applicant
           Mr. A. V. Lawate, APP for the Respondent/State

                                                        CORAM : R. M. JOSHI, J.
                                                        DATED   : 10th JULY, 2026

           PER COURT :-

           1.    The   applicant   apprehends     arrest   in   connection   with   Crime

           No.0060/2025, registered with Rahata Police Station, District Ahilyanagar, for

           the offences punishable under Sections, 123, 223, 274, 275 r/w 3(5) of the

           Bharatiya Nyaya Sanhita and under Sections 26(2), 26(2)(a), 27(3)(d), 27(3)

           (e) and 59 of the Food Safety and Standards Act.


           2.    The First Information Report indicates that a raid was conducted in

           which a considerably huge quantity of contraband gutkha was seized from the

           co-accused. On the basis of the statement of the co-accused, the prosecution

           seeks to implicate the present applicant in the crime. The applicant is alleged

           to be a supplier of the contraband gutkha.




           ABA 339.2026.odt                                                         1 of 3
3.    Learned Advocate for the applicant submits that, except for the alleged

statement of the co-accused, there is no evidence to connect the applicant

with the crime. It is further argued that the statement of the co-accused has

no evidentiary value and, in the absence of any other connecting evidence, the

involvement of the applicant in the crime cannot be presumed. It is further

argued that though antecedents are alleged against the applicant, in the

absence of any evidence showing his involvement in the crime, his liberty

deserves to be protected.


4.    Learned APP opposed the grant of relief to the applicant by citing the

seriousness of the crime as well as the quantity of contraband seized at the

instance of the co-accused. It is his submission that the statement of the co-

accused may not be relevant at the trial; however, it can be considered by the

Investigating Agency during the course of investigation. He submits that the

applicant has criminal antecedents and, therefore, the application deserves to

be rejected.


5.    Prima facie, a perusal of the record indicates that the contraband

gutkha was seized from the co-accused. No doubt, the statement of the co-

accused would be relevant for the purpose of further investigation. However,

during the course of investigation, no further evidence has been collected

against the present applicant showing any connection between the applicant


ABA 339.2026.odt                                                        2 of 3
and the co-accused. In the absence of any such evidence, it cannot be held, at

this stage, that the applicant is connected with the crime in question. Once it

is so held, the antecedents of the applicant become irrelevant. Hence, the

order:

                                       ORDER

               (i)    Application is allowed.

               (ii) In the event of arrest of applicant in connection with
               Crime No.0060/2025, registered with Rahata Police Station,
               District Ahilyanagar, for the offences punishable under
               Sections, 123, 223, 274, 275 r/w 3(5) of the Bharatiya Nyaya
               Sanhita and under Sections 26(2), 26(2)(a), 27(3)(d), 27(3)
               (e) and 59 of the Food Safety and Standards Act, he shall be
               released on bail on furnishing PR Bond of Rs.15,000/-
               (Rupees Fifteen Thousand only) with one solvent surety in the
               like amount.

              (iii)   He shall attend the concerned police station as and
              when called by the Investigating Officer.


               (iv)   He shall not contact the witnesses directly or indirectly.

               (v) He shall not interfere with the evidence in any manner
               whatsoever.

               (vi) He further directed to cooperate the investigating
               agency for further investigation.


6.       Learned APP for the Respondent/State to communicate this order to
the concerned Police Station.

                                                          ( R. M. JOSHI, J.)
ssp


ABA 339.2026.odt                                                               3 of 3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.