Bombay High Court

PRATHMESH PROMOD UPGANLWARversusSAJID MAJID KHAN AND OTHERS

Disposal: DISPOSED OFF
Bench: R M JOSHI

Holding

The Court granted anticipatory bail to Applicant No. 2, finding no material evidence of his involvement in the alleged offences.

Summary

The High Court heard an anticipatory bail application filed by Sajid Majid Khan and Moin Majid Khan in connection with FIR No. 36/2026 alleging fraudulent crop‑insurance claims. Applicant No. 1 withdrew his application, leading to its dismissal. Applicant No. 2 contended that there was no evidence of his involvement, no criminal history, and offered to submit his mobile to investigators. The State opposed bail, arguing that Applicant No. 2 assisted his brother in photographing fields for the alleged fraud. The Court found no prima facie material linking Applicant No. 2 to the offences punishable under the Bharatiya Nyaya Sanhita, 2023. Consequently, the Court granted anticipatory bail to Applicant No. 2 subject to a cash bond, surety, and several conditions including non‑contact with witnesses. The order also directed his cooperation with the investigating agency and attendance at the police station as required.

Issues considered

Whether anticipatory bail should be granted to Applicant No. 2 in view of the allegations under the Bharatiya Nyaya Sanhita, 2023.
Whether there is sufficient evidence to justify denial of bail for Applicant No. 2.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 318(2), 318(4), 336(2), 336(3), 338, 351(2) read with Section 3(5)

Subjects

anticipatory bail
crop insurance fraud
Bharatiya Nyaya Sanhita
bail conditions
criminal procedure

Judgment

2026:BHC-AUG:27461
901-ABA-1055-2026+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO. 1055 OF 2026

1. Sajid Majid Khan
2. Moin Majid Khan
VERSUS
The State Of Maharashtra
...
Mr. P. M. Nagargoje, Advocate for Applicant
Mr. S. B. Narwade, APP for Respondents

WITH CRIMINAL APPLICATION NO. 2563 OF 2026
IN ABA/1055/2026

Prathmesh Promod Upganlwar
VERSUS
Sajid Majid Khan And Others
…
Mr. K. N. Shermale, Advocate for Applicant
CORAM : R.M. JOSHI, J
DATE : JULY 10, 2026
P. C. :

1. By consent of both sides, heard finally at the stage of issuance

of notice.

2. After hearing both sides and when this Court has shown its

disinclination to grant any relief to Applicant No. 1 – Sajid Majid Khan,

learned Counsel for this Applicant, on instructions, seeks withdrawal of

Application qua this Application.

3. Application stands dismissed as withdrawn qua Applicant No. 1.

4. Applicant No. 2 apprehends arrest in connection with C.R. No.

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901-ABA-1055-2026+.odt

36/2026 registered with Police Station Sindkhed, District Nanded for the

offences punishable under Sections 318(2), 318(4), 336(2), 338, 336(3),

351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

5. The FIR indicates that allegations against accused persons is

that they fraudulently obtained benefits of crops insurance by showing

agricultural land belonging to informant to be cultivated.

6. Learned Counsel for Applicant No. 2 submits that as far as this

Applicant is concerned, there is absolutely no evidence to show that he

applied or claimed or received any money. He, therefore, seeks protecting

liberty of the Applicant. He claims that Applicant No. 2 has no criminal

history. On instructions, he makes statement that Applicant No. 2 would

submit his mobile to the investigating officer.

7. Learned APP and learned Counsel for Informant vehemently

opposed grant of any protection to Applicant No. 2 on the ground that

Applicant No. 2 has brother of Applicant No. 1 and that he has helped

Applicant No. 1 in taking photographs of different fields for the purpose of

claim to be made before insurer.

8. Prima facie perusal of the record does not indicate any material

involvement of the Applicant No. 2 in the crime. It is not in dispute that

Applicant No. 1 had made application for seeking benefits of crop insurance

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901-ABA-1055-2026+.odt

and receive the same from the insurance company. In absence of any

evidence to show involvement of the Applicant No. 2 in crime, his liberty

deserves to be protected. Hence, the order:

ORDER

(i) In the event of arrest the Applicant No. 2 in connection with
C.R. No. 36/2026 registered with Police Station Sindkhed,
District Nanded for the offences punishable under Sections
318(2), 318(4), 336(2), 338, 336(3), 351(2) read with
Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, he shall
be released on bail on furnishing PR bond of Rs. 15,000
(Rupees Fifteen Thousand Only) with one surety in the like
amount.

(iii) He shall attend the concerned police station on 19.07.2026
and thereafter as and when required upon written intimation.

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

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

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

9. All pending application stands disposed of.

10. Observations made in this order are prima facie in nature and

trial Court shall not get influenced by the same.

(R. M. JOSHI, J.)
Malani

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