Bombay High Court

ATIQUE AHMED MOHAMMAD YAKUBversusTHE STATE OF MAHARASHTRA

Decided: 30 April 2026
Disposal: Disposed Off
Bench: ASHWIN D BHOBE

Holding

Bail was granted to the applicant on the principle of parity, subject to stringent conditions.

Summary

The High Court considered the bail application of Atique Ahmed Mohammad Yakub, accused No.14 in FIR No.40 of 2025, charged under several sections of the Bharatiya Nyaya Sanhita and the Prevention of Corruption Act, 1988. The applicant, arrested on 22 February 2025 and detained for over a year without charge framing, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, invoking parity with co‑accused who had been released. The State argued that the applicant was directly involved in fabricating documents, distinguishing his role from the others. The Court observed that the allegations against the applicant were substantially similar to those against the released co‑accused and, given the prolonged pre‑trial detention, applied the principle of parity to grant bail. Bail was granted subject to a series of strict conditions, including a personal bond, reporting requirements, and restrictions on entering the jurisdiction of Malegaon.

Issues considered

Whether the applicant is entitled to bail on the ground of parity with co‑accused who have been released.
Whether the nature of the applicant's alleged involvement in fabricating documents justifies denial of bail.
Whether the prolonged pre‑trial detention without charge framing warrants bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita — s. 318(4), 336(3), 338, 340(2), 61(2)
Prevention of Corruption Act, 1988 — s. 11, 8

Subjects

bail
parity principle
fabricated documents
pre‑trial detention
Criminal Procedure
Bharatiya Nyaya Sanhita
Prevention of Corruption Act
conditions of bail

Judgment

Digitally
signed by
LAXMIKANT (901) BA-4930.25.DOCX
LAXMIKANT GOPAL
GOPAL CHANDAN
CHANDAN Date:
2026.05.01
14:02:03
+0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.4930 OF 2025

Atique Ahmed Mohammad Yakub : Applicant.
Versus.
The State of Maharashtra : Respondent.
-----
Mr. Mahendra N Sandhyanshiv i/by Adv. Vikas Mourya for the
Applicant.
Mr. Shishir Hiray, Special PP a/w Mrs. Rajeshree Newton, APP
for the Respondent/State.
-------

CORAM : ASHWIN D. BHOBE, J.
DATED : 30 APRIL 2026
PC:-

1. This Criminal Bail Application No.4930 of 2025 is listed
at Sr. No.901 on today’s supplementary board along with Bail
Application Nos. 3994/2025, 4003/2025, 4449/2025,
4523/2025, 4522/2025, 4724/2025 and 4721/2025. At the
request of the learned Advocates for the parties, Criminal Bail
Application No.4930 of 2025 is de-tagged from Bail
Application Nos. 3994/2025, 4003/2025, 4449/2025,
4523/2025 4522/2025, 4724/2025 and 4721/2025, and is
taken up for hearing.

2. Heard Mr. Mahendra Sandhyanshiv, learned Advocate
for the Applicant and Mr. Shishir Hiray, learned Special PP for
Respondent/State.

1
(901) BA-4930.25.DOCX

3. By this Application under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, the Applicant seeks bail in
FIR No. 40 of 2025 registered at Chhavani Police Station,
Malegaon City, District Nashik, for offences punishable under
Sections 318(4), 336(3), 340(2), 61(2), and 338 of the
Bharatiya Nyaya Sanhita, and Sections 8 and 11 of the
Prevention of Corruption Act, 1988 (“said FIR”). The said
offence is registered as Special Case No. 84 of 2025 and is
pending before the Additional Sessions Judge, Malegaon,
District Nashik.

4. There are 22 Accused in the said FIR. The Applicant
herein is Accused No.14

5. The Applicant was arrested on 22 February 2025 and
has been in jail since then. The Bail Application at Exhibit 24,
filed by the Applicant in Special Case No.84 of 2025, was
rejected by the Additional Sessions Judge on 25 April 2025

6. Mr. Mahendra Sandhyanshiv learned Advocate for the
Applicant, submits that the allegations against the Applicant
are that the Applicant worked as an agent and carried on the
business of assisting people in obtaining birth certificates by
accepting an amount for the said service. He states that Khalid
Akhtar Mohammed Yusuf (Accused No.4), against whom
similar allegations of preparing false documents without the
deponents' presence and forging their signatures for monetary
gain have been made in the FIR, has been released on
Anticipatory bail by the Hon’ble Supreme Court in Special

2
(901) BA-4930.25.DOCX

Leave to Appeal (Crl) No.4952 of 2025, by order dated 09
July 2025. He submits that Accused Nos. 7 and 9 in the
present FIR have been released on Regular bail by this Court.
He submits that the roles assigned to Accused Nos. 4, 7 and 9
are similar to the Applicant's. He submits that, being similarly
placed, the Applicant is seeking bail on the ground of parity.

7. Mr. Shishir Hiray, learned Special PP for the
Respondent/State, submits that the material on record is
sufficient to indicate the Applicant's involvement in the
present crime. He further submits that, although the
allegations against the present Applicant are similar to those
made against Accused Nos. 4, 7 and 9, the difference, as far as
the Applicant's role herein is concerned, is that the Applicant
is involved in the act of fabricating documents.

8. Mr. Mahendra Sandhyanshiv, learned Advocate for the
Applicants, states that the Applicant has no criminal
antecedents. To clarify, he states that apart from the offences
which are the subject matter of the present crime and the
connected CRs, the Applicant has no criminal record. Mr.
Shishir Hiray, learned Special PP for the Respondent/State,
does not contest the said statement made by Mr. Mahendra
Sandhanshiv, learned Advocate for the Applicant.

9. Heard Arguments. Perused the record.

10. Perusal of the chargesheet and more specifically, the
allegations against Khalid Akhtar Mohammed Yusuf (Accused

3
(901) BA-4930.25.DOCX

No.4) and the Applicant, prima facie, suggests that the
allegations are similar and that the role assigned to the
Applicant is identical to that assigned to Khalid Akhtar
Mohammed Yusuf (Accused No.4). Applicant has been in jail
for more than 1 one year. Charge is not framed till date in
Special Case No.84 of 2025. In such circumstances, Mr.
Mahendra Sandhanshiv would be justified in seeking bail on
the principle of parity.

11. Mr. Shishir Hiray submits that strict conditions may be
imposed, including a condition that the Applicant should not
enter Malegaon City/Malegaon Tahsil until the conclusion of
trial.

12. Mr. Mahendra Sandhanshiv, on instructions from the
Applicant, states that until the conclusion of Special Case
No.84 of 2025, the Applicant shall not enter the jurisdiction of
Malegaon City/Malegaon Tahsil. Statement accepted.

13. In view of the above, the present Bail Application is
allowed on the following conditions:-

A] Applicant is directed to be released on bail in
connection with FIR No. 40 of 2025 registered with
Chhavani Police Station, Malegaon City, District
Nashik, for the offences punishable under Sections
318(4), 336(3), 340(2), 61(2), and 338 of the
Bharatiya Nyaya Sanhita and under Sections 8 and
11 of the Prevention of Corruption Act, 1988, on

4
(901) BA-4930.25.DOCX

executing a P.R. Bond in the sum of Rs. 2,00,000/-
(Rupees Two Lakhs Only) with one or two local
sureties of like amount to the satisfaction of the
Additional Sessions Judge, Malegaon, District
Nashik.

B] Applicant shall not directly or indirectly make any
inducement, threat, or promise to any person/s
acquainted with facts of the accusation, in order to
dissuade him from disclosing such facts to the Court
or to any police officer.

C] Applicant shall not tamper with the prosecution
witnesses and evidence in any manner.

D] Applicant, upon his release, shall, within three days,
furnish his cell phone number, contact details, and
residential address with proof to the Investigating
Officer at Chhavani Police Station, Malegaon City,
District Nashik, and shall keep this information
updated in case of any changes.

E] The Applicant shall surrender his passport, if any, to
the Investigating Officer at Chhavani Police Station,
Malegaon City, District Nashik within three days of
his release.

F] The Applicant shall report to the Investigating
Officer of Chhavani Police Station, Malegaon, District
Nashik, on the 2nd Saturday of every month from

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(901) BA-4930.25.DOCX

10.00 am to 12.00 pm, commencing from the month
of May 2026. till further orders from the Additional
Sessions Judge, Malegaon, District Nashik.

G] The Applicant shall not enter the territorial
jurisdiction of Malegaon City/Malegaon Tahsil until
the conclusion of Special Case No.84 of 2025, except
for reporting to the Investigating Officer and/or
attending the day-to-day hearings in Special Case
No.84 of 2025.

H] The Applicant shall attend each hearing date in
Special Case No.84 of 2025 regularly, unless
exempted.

14. The Criminal Bail Application No.4930 of 2025 is
disposed of.

(ASHWIN D. BHOBE, J.)

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