Bombay High Court

ABU SAHANA MOHAMMAD MUSTFA KHANversusTHE STATE OF MAHARASHTRA

Decided: 13 January 2026
Disposal: Allowed
Bench: N R BORKAR

Holding

The court granted anticipatory bail because no material evidence linked the applicant to the alleged offence and he had no prior criminal antecedents.

Summary

The applicant, a scrap dealer, filed an anticipatory bail application fearing arrest in a fraud case involving the loading of excess scrap material. The offence alleged under Sections 318(4), 336(2), 336(3), 338, 340(2), 61(2) and 62 of the Bharatiya Nyaya Sanhita, 2023, pertained to substituting a lighter truck to load additional scrap. The applicant claimed no involvement and offered cooperation, while the State argued that co‑accused statements implicated him. The court examined the investigation papers and found no material linking the applicant to the crime, noting his clean record and that custodial interrogation was unnecessary. Consequently, the court granted anticipatory bail, directing the applicant to execute a bond and cooperate with the investigation.

Issues considered

Whether the applicant is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences
Whether the material on record justifies denial of anticipatory bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(2), 336(3), 338, 340(2), 61(2), 62

Subjects

anticipatory bail
fraud
scrap material
Bharatiya Nyaya Sanhita
criminal procedure
bail bond

Judgment

                                                             905-aba-75-26.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 75 OF 2026

Abu Sahama Mohammad Mustfa Khan                   …Applicant
      V/s.
The State of Maharashtra                          ...Respondent.
                             …………..
Adv. Akhlak Khan a/w. Adv. Hemant D. Kurmi for the Applicant.
Mrs.Rutuja Ambekar, APP for the Respondent/State
PSI Vijay Sathe, Kashigaon Police Station is present.
                             …………..

                                CORAM         :   N.R. BORKAR, J.
                                DATE          :   13.01.2026.
P.C. :

1.       This is an application for anticipatory bail.


2.       The applicant is apprehending his arrest in Crime No. 488 of
2025 registered at Kashigaon Police Station, Mira-Bhayander,
Vasai-Virar for the offences punishable under Sections 318(4),
336(2), 336(3), 338, 340(2), 61(2) and 62 of the Bharatiya Nyaya
Sanhita, 2023.


3.       The applicant is a Scrap Dealer. The first informant is a
custodian and supervisor at J.P. Infra. The tender to purchase
scrap from their construction site was given to the applicant. It is
alleged that on 16th October 2025, the co-accused in the present
crime had sent the truck for loading the scrap material. The said
empty truck was weighed for the purpose of loading scrap
material. It is alleged that with a view to defraud the first
informant the said truck was lateron replaced by another truck of


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                                                            905-aba-75-26.doc


lesser weight so that excess scrap material can be loaded. It is
alleged that 3290 kg of excess scrap material worth Rs.105280/-
was thereafter loaded in the replaced truck.


4.       I have heard the learned counsel appearing for the applicant
and the learned APP for the respondent / State.


5.       Learned counsel for the applicant submits that the applicant
has nothing to do with the alleged crime. It is submitted that
crime, if any, is committed by transporter. It is submitted that the
applicant is ready and willing to cooperate in the investigation.


6.       On the other hand, learned APP for the respondent/State
submits that during the course of interrogation with the co-
accused has revealed the involvement of the applicant in the
present crime. It is submitted that considering the nature of crime,
the applicant may not be released on anticipatory bail.


7.       I have perused the papers of investigation. Prima facie, there
appears to be no material to infer the involvement of the present
applicant in the alleged crime. There are no other criminal
antecedents against the present applicant. Further, custodial
interrogation of the applicant does not appear to be necessary. In
that view of the matter, I am inclined to release the applicant on
anticipatory bail. In the result the following order is passed.




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                                                               905-aba-75-26.doc


                                        ORDER

         A)        The Application is allowed.


         B)        In the event of arrest of the applicant in C.R. No. 488
         of 2025 registered at Kashigaon Police Station, Mira-
         Bhayander, Vasai-Virar for the offences punishable under
         Sections 318(4), 336(2), 336(3), 338, 340(2), 61(2) and 62 of
         the Bharatiya Nyaya Sanhita, 2023, he be released on bail
         on executing P.R. Bond in the sum of Rs.25,000/- with one
         surety or two sureties in the like amount.


         C)        The applicant shall attend the concerned police station
         as and when called by the Investigating Officer and shall
         cooperate in the investigation.


                                                  [N.R.BORKAR, J.]




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