MOHD. MUKEEN KHANversusSTATE OF MAHARASHTRA

                                                                 21-ABA-819-2026.doc

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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                      ANTICIPATORY BAIL APPLICATION NO. 819 OF 2026


            Mohd. Mukeen Khan                                      ...Applicant
                       V/s.
            State of Maharashtra                                   ...Respondent


            Mr. DhammaRaj Shejul a/w Mr. Vilas Bambarde, for the Applicant.

            Mr.Bapu V. Holambe, APP for the Respondent – State.

            API Ms. Kavita Metkarni, Shivaji Park Police Station, Mumbai, is
            present.


                              CORAM : PRAFULLA S. KHUBALKAR, J.
                              DATE : 16th SEPTEMBER, 2026.
            P.C. :-

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

            learned APP for the respondent.

            2.           The applicant is apprehending arrest in Crime No. 647 of

            2025 dated 15.11.2025, registered with Shivaji Park Police Station,

            Brihanmumbai, for the offence punishable under Section 316(2) of the

            Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”).

            3.           The applicant has filed instant application under Section

            482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short,


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"BNSS") for seeking pre-arrest bail.

4.         The FIR is registered on the basis of allegations by the

complainant that, during the period from 14.08.2025 to 16.10.2025

about 3200 pieces of cloths worth Rs. 4,64,000/- was delivered to the

applicant by the complainant for the purpose of getting ladies gowns

stitched. It is alleged that neither the stitched gowns were delivered

nor the amount is returned and on the basis of these allegations, the

offence is registered against this applicant.

3.         Learned counsel for applicant submits that the applicant is

falsely implicated and that he has never been entrusted with 3200

pieces of cloth, as alleged. He submits that charge sheet is already

filed and in the entire charge sheet, there is nothing to show any

document about receipts of the said pieces of cloths by this applicant.

Learned counsel for the applicant has also tendered across the bar

copy of the charge sheet. He further submits that there are no criminal

antecedents against this applicant and that considering his readiness

to join the investigation, he was granted interim protection by order

dated 16th July 2026. He states that, accordingly, the applicant has

attended the Police Station and has not misused the liberty granted to

him.

4.         The application is opposed by learned APP, who has

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pointed out that there are allegations in the FIR about handing over of

3200 pieces of cloths to the applicant, worth Rs. 4,54,000/- and that

the cloths are not yet been recovered from the applicant. He however

does not dispute that the charge sheet is already filed in the matter.

He states that, although the applicant has attended the Police Station

in accordance with the interim protection order, but has not revealed

the details of the cloths or the stitched products and therefore, the

application is opposed.

5.         Perused the FIR and the documents placed on record. It has

to be noted that the allegations against the applicant are about failure

to deliver the stitched products. The issue as to whether the 3200

pieces of cloths were actually delivered to the applicant is subject

matter of investigation and trial.

6.         At this stage, considering the fact that the charge sheet has

already been filed and the investigation against this applicant is

completed and further considering the fact that the applicant has

extended cooperation by attending Police Station, the interim

protection granted earlier needs to be confirmed.

7.         Hence, the application is allowed and the interim

protection granted by order dated 16 th July 2026 stands confirmed,

subject to the condition that the application shall cooperate with the

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Investigating Agency during investigation and trial and shall not

tamper with prosecution evidence or influence the witnesses, directly

or indirectly.

8.         Anticipatory Bail Application is allowed and disposed of.



                                       (PRAFULLA S. KHUBALKAR, J.)




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