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Bombay High Court

AJAY BABULAL SHAHversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Disposed Off

Holding

The Court granted anticipatory bail to the applicant, subject to a personal bond and specific conditions to ensure cooperation with the investigation and prevent interference with evidence or witnesses.

Summary

The High Court considered an anticipatory bail application filed by Ajay Babulal Shah, who was implicated in Crime No.99/2026 under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023. Shah contended that he was falsely implicated and that the money involved in the FIR had been transferred through multiple parties, ultimately to him, before being paid to the alleged beneficiaries. He relied on an interim protection order dated 30.03.2026 issued by the Sessions Judge, which remained effective until a bail rejection on 04.07.2026. After reviewing the submissions and noting Shah's cooperation with the investigating officer, the Court granted anticipatory bail, imposing a personal bond of Rs.50,000 with sureties and specific conditions regarding attendance, non‑tampering with evidence, and non‑pressurisation of witnesses. The Court also ordered the applicant to provide his residential details and prohibited any inducement or threat to witnesses. The application was subsequently disposed of, confirming the bail order.

Issues considered

  • What is the appropriate exercise of discretion by the Court in granting anticipatory bail under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023?
  • Whether the applicant's claim of false implication and cooperation with investigation justify the grant of anticipatory bail?
  • Whether the conditions imposed by the Court are sufficient to safeguard the investigation and prevent witness tampering?

Legislation cited

Subjects

  • anticipatory bail
  • Section 318(4)
  • false implication
  • bail conditions
  • investigation cooperation
  • criminal procedure

Judgment

                                                                      25-ABA-360-2026.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR
                  CRIMINAL APPELLATE JURISDICTION
            ANTICIPATORY BAIL APPLICATION NO. 360 OF 2026


Ajay Babulal Shah                                                   … Applicant
      Versus.
The State Of Maharashtra And Anr.                                … Respondents
                                -----
Ms. Tanvii Tapkire, for the Applicant.
Dr. A. A. Takalkar, APP for the Respondent – State.
API Sandip Kamble, Sangli City Police Station, is present.
                                        -------

                                      CORAM :        ASHWIN D. BHOBE, J.
                                       DATE :        19th August, 2026.
P.C. :


1.       Heard, Ms. Tanvii Tapkire, learned Advocate for the Applicant

and Dr. A. A. Takalkar, learned APP for the Respondent – State.



2.       On 13.07.2026 the following order was passed:-


            1.           Issue notice to the Respondents, returnable on
            04.08.2026. Learned APP waives service of notice for
            Respondents/State.



            2.             The learned Counsel for the Applicant submits
            that the Applicant is falsely implicated in the present crime. The
            amount alleged in the FIR was paid by Dr. Shivajirao Kadam to
            Vijay Jaykumar and Baldev Singh Bedi towards their
            consultancy fees for submitting the application for the aforesaid
            award. The said amount was initially transferred to the bank
            account of the Informant, who thereafter transferred it to the
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                                                                  25-ABA-360-2026.doc


        bank account of the Applicant. The Applicant, in turn,
        transferred the amount to the bank account of Vijay Jaykumar,
        who paid the remaining amount to Vijay Jaykumar and Baldev
        Singh Bedi in cash from time to time.

        .              The learned Counsel further submits that the
        Applicant was protected by the interim order dated 30.03.2026
        passed by the learned Sessions Judge during the pendency of
        the bail application, and the said protection continued to
        operate until the bail application came to be rejected by order
        dated 04.07.2026. The Applicant has attended the police station
        and has cooperated with the investigation. He is further ready to
        abide by any conditions that may be imposed by this Court.
        Hence he may be protected.

        3.             Taking into consideration that the aforesaid
        submissions, I am inclined to protect the Applicant till the
        investigation papers are received, subject to certain conditions.
        Hence the following order:

                                        ORDER

        (a)      In the event of arrest of the Applicant - Ajay Babulal
        Shah in connection with Crime No.99/2026 registered with
        Sangli City Police Station, District Sangli for the offence
        punishable under Section 318(4) of the Bharatiya Nyaya
        Sanhita, 2023, he be released on bail on furnishing P.R. bond of
        Rs.50,000/- (Rupees Fifty Thousands) with two solvent sureties
        in the like amount, on the following conditions:

        (b)     The Applicant is directed to attend Sangli City Police
        Station, District Sangli on every Friday and Saturday between
        11:00 am. to 02:00 pm. and co-operate with the Investigating
        Officer until further orders.

        (c)     The Applicant shall not tamper with the evidence and
        shall not pressurize the prosecution witnesses, in any manner.

        (d)    The Investigating Officer shall make the investigation
        papers available for perusal of this Court.

        4.              Needless to say, violation of any of the aforesaid
        conditions may entitle the prosecution to seek vacation of the
        interim relief granted herein above.

        5.             Stand over to 04.08.2026.




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                                                             25-ABA-360-2026.doc


3.      Ms. Tanvii Tapkire, learned Advocate for the Applicant, states

that the Applicant has appeared before the Investigating Officer at the

Sangli City Police Station and has co-operated with the investigation in

Crime No. 99 of 2026. She further states that the Applicant shall appear

before the Investigating Officer as and when required and co-operate

with the investigation in Crime No. 99 of 2026.



4.      Dr. A. A. Takalkar, learned APP for the Respondent – State, on

instructions from the Investigating Officer, Sangli City Police Station,

states that the Applicant has appeared and co-operated with the

investigation in Crime No. 99 of 2026. On further instructions from the

Investigating Officer, she states that custodial interrogation of the

Applicant is not required in Crime No. 99 of 2026.



5.      In view of the statements made by Ms. Tanvii Tapkire, learned

Advocate for the Applicant and Dr. A. A. Takalkar, learned APP for the

Respondent – State, this Application is allowed by confirming the order

dated 13.07.2026 and making the same absolute in terms of bail

conditions 3(a) and 3(c), with the following additional conditions:-



           (a)          The Applicant shall appear before the

           Investigating Officer, Sangli City Police Station, as and


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                                                                     25-ABA-360-2026.doc


                   when required by the Investigating Officer in Crime

                   No. 817 of 2023.



                   (b)   The Applicant shall not directly or indirectly

                   make any inducement, threat or promise to any

                   person/s acquainted with the facts of the case to

                   dissuade such person/s from disclosing the facts to the

                   Court or any police officer.



                   (c)   The Applicant shall provide the Investigating

                   Officer, Sangli City Police Station, with his residential

                   address along with proof, his contact number and

                   must inform the Investigating Officer of any changes

                   to this information from time to time.



     6.        Criminal Anticipatory Bail Application No. 360 of 2026 is

     disposed of.



                                                         (ASHWIN D. BHOBE, J.)



          Digitally
          signed by
          ARJUN
ARJUN     KRISHNA
KRISHNA   RODGE
RODGE     Date:
          2026.08.20
          10:39:43
          +0530

     Arjun                                 4


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