SANJAY SHYAMSUNDER DUBEversusSTATE OF MAHARASHTRA

                                                                            30. BA-858-26.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                              BAIL APPLICATION NO. 858 OF 2026

           Sanjay Shyamsunder Dube                                   .. Applicant
                      Versus
           State of Maharashtra                                      .. Respondent
                                     ....................
            Mr. Noor Alam Khan a/w Ms. Khushnuma Malik & Mr. Gorakh Nath
             Mourya, Advocates for Applicant
            Ms. Rajeshree V. Newton, APP for State
                                           ...................
                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : OCTOBER 7, 2026
           P. C.:

           1.       Heard Mr. Khan, learned Advocate for Applicant and Ms.

           Newton, learned APP for State.


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

           Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 68 of

           2025 registered with Kalamboli Police Station, Navi Mumbai for the

           offences punishable under Sections 316(5) of Bharatiya Nyaya

           Sanhita, 2023 (for short "BNS").


           3.       Applicant is arrested in a case of cheating and fraud committed

           pursuant to the FIR lodged on 26.03.2025 by the Complainant.

           Record prima facie shows that Applicant and Complainant were

           having a business relationship whereby the Complainant who is the

           proprietor of a Steel Company in Mumbai used to regularly keep his


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steel goods in the Applicant's warehouse at Kalamboli for storage and

distribution purposes.


4.    The complaint was lodged as the Applicant was unable to

recover 2,990 Kgs. of his steel goods which were placed in the custody

of Applicant's warehouse. The complaint is on the premise that the

Applicant refused to return the said goods on the ground that he had

sold it to a third party. That is the position which emerges from a plain

reading and examination of the contents of the FIR. However, Mr.

Khan has been able to establish the fact that as per Japti Panchnama

dated 10.04.2025, appended at page Nos. 342-343 of Application, on

further investigation in another adjacent godown belonging to the

Applicant, steel goods worth Rs. 45.39 Lakhs in five different

denominations were seized which belonged to Complainant.              The

prosecution case is that by 10.10.2025, the entire amount of the steel

material worth Rs. 2.15 Crores has been recovered and in addition

thereto further goods belonging to the Applicant worth Rs. 2.33 crores

have also been seized and attached by the prosecution. In that view of

the matter, further custody of the Applicant is not required. Hence, I

am inclined to allow the present Application.          In view thereof,

Applicant is released on bail on the following terms and conditions:-




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(i)   Applicant is directed to be immediately released on bail

      from prison in connection with C.R. No. 68 of 2025;

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

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

      only) with one or two sureties in the like amount;

(iii) Applicant shall report to the Investigating Officer at

      Kalamboli Police Station, once every month on the first

      Sunday of the month between 10:00 a.m. to 12:00

      p.m.;

(iv) Applicant shall co-operate with the conduct of trial and

      attend the Trial Court on all dates, unless specifically

      exempted    and    will   not   take   any     unnecessary

      adjournments, if he does so it will entitle the

      prosecution to apply for revocation of this order;

(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 address and mobile contact number and /

      or change of residence or mobile details, if any, from

      time to time, as applicable; and


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                                 (viii)Any infraction of the conditions shall entail cancellation

                                         of bail granted to the Applicant.

           5.        Needless to state that the above observations will not come in

           the way of trial as they are prima facie in nature based on the

           submissions made and the material placed before this Court.


           6.        Bail Application is allowed and disposed of in the above terms.



Amberkar                                                        [ MILIND N. JADHAV, J. ]
                      Digitally signed
                      by RAVINDRA
           RAVINDRA MOHAN
                    AMBERKAR
           MOHAN    Date:
           AMBERKAR 2026.10.07
                      15:39:36
                      +0530




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