AJGAR FAKIR SHAIKHversusSTATE OF MAHARASHTRA AND ANR

                                                               57.BA.3589.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION

                       BAIL APPLICATION NO. 3589 OF 2026

       Ajgar Fakir Shaikh                                .. Applicant
             Versus
       State of Maharashtra and Anr.                     .. Respondents

                               ....................
        Mr. Girish Palav, Advocate i/by Ms. Falguni Brahmbhatt for
         Applicant.
        Ms. Rajeshree V. Newton, APP for Respondent No.1 – State.
        Ms. Akshada Narvekar, Advocate for Respondent No.2.
                                    ......…........…

                                   CORAM : MILIND N. JADHAV, J.
                                   DATE        : SEPTEMBER 30, 2026.

       P.C.:

       1.        Heard Mr. Palav, learned Advocate for Applicant; Ms.

       Newton, learned APP for Respondent No.1 – State and Mr. Narvekar,

       learned Advocate for Respondent No.2.


       2.        This is an Application under Section 483 of the Bharatiya

       Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in

       connection with C.R.No.537 of 2026 registered with Panvel City Police

       Station, Navi Mumbai for offences punishable under Sections 143(3)

       and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and

       Sections 3, 4 and 5 of the Immoral Traffic Act, 1956.


       3.        The Applicant is in custody in connection with the offences

       registered with the concerned Police Station. Ms. Narvekar, learned

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Advocate for Respondent No.2 – original Complainant submits that she

has no objection if Bail is allowed to the Applicant. Insofar as the

Applicant is concerned, he prima facie appears to be a customer at

Hotel Kranti Veer (Lodging and Boarding) where at the time of raid by

the Social Cell Department, he was seen to be present there.


4.        The complicity of the Applicant if any, otherwise shall be

proved at trial. Applicant has made out a case for grant of bail. Both

Respondent No.2 and the Applicant were found together and

Respondent No.2 has submitted that she was present alongwith the

Applicant on her own volition without any coercion, abuse or fear

whatsoever. In that view of the matter, the Applicant has made out a

case for grant of bail.


5.        Hence, in view of above prima facie observations and

findings, Bail Application of Applicant is allowed subject to the

following terms and conditions:-


          (i)   Applicant – Ajgar Fakir Shaikh is directed to be

                immediately released from prison in connection with

                CR. No.537 of 2026;


          (ii) Applicant is directed to be released on bail on

                furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five

                Thousand only) with one or two sureties in the like

                amount;

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(iii) Applicant shall report to the Investigating Officer at

     Panvel City Police Station, Navi Mumbai Police Station,

     once every month, on the first Monday of the month

     between 10:00 a.m. to 12:00 p.m. until commencement

     of trial and thereafter shall attend all dates of hearing

     before the Trial Court;


(iv) Applicant shall cooperate with the conduct of the trial

     and remain present before the Trial Court on all dates,

     unless specifically exempted. Applicant shall not seek

     unnecessary adjournments. Any such conduct shall

     entitle the prosecution to apply for cancellation of bail;


(v) Applicant shall not leave the State of Maharashtra

     without prior permission of the Trial Court;


(vi) Applicant shall not influence any of the witnesses or

     tamper with the evidence in any manner;


(vii) Applicant shall keep the Investigating Officer informed

     of his current residential address and mobile telephone

     number and shall forthwith inform the Investigating

     Officer of any change in his residential address or

     mobile telephone number, as and when such change

     occurs; and




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                                           (viii)Any breach or infraction of any of the aforesaid

                                                conditions shall entail cancellation of the bail granted to

                                                the Applicant.


                                 6.        It is clarified that the observations made in this order are

                                 limited for the purpose of granting bail only and I have not made any

                                 observations on merits of the case. The trial shall be adjudicated on

                                 the strength of the evidence led and strictly on its own merits being

                                 uninfluenced with any of the prima facie observations made

                                 hereinabove in this order.


                                 7.        Bail Application is allowed and disposed in the above terms.



                                                                            [ MILIND N. JADHAV, J. ]

       Ajay
              Digitally signed
              by AJAY
AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date: 2026.10.01
              11:34:21 +0530




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