Created by Fuzzy Cloud

Bombay High Court

ANUJ KESHWANI S/O SANJAY KESHWANIversusUNION OF INDIA AND ANR

Decided
Disposal
Allowed

Holding

The court partially allowed the interim application, deleting the attendance and passport surrender conditions while imposing modified reporting requirements.

Summary

The applicant, a businessman engaged in Airbnb services, sought modification of two bail conditions imposed by the trial court – fortnightly attendance before the Narcotics Control Bureau (NCB) and surrender of his passport. He argued that he had complied with all existing conditions, that charges had not yet been framed, and that his business required international travel, warranting the return of his passport. The NCB opposed the relief, fearing the applicant might not return to India if allowed to travel abroad. The court noted that similar relaxations had been granted to co‑accused, including eight others, and found no reason to maintain the stringent conditions for the applicant. Consequently, the court partially allowed the interim application, deleting the attendance and passport surrender conditions, while imposing a revised reporting requirement and obliging the applicant to inform the prosecuting agency of his travel itinerary and remain reachable.

Issues considered

  • Whether the bail condition requiring the applicant to attend the NCB fortnightly can be modified or deleted.
  • Whether the bail condition mandating surrender of the applicant's passport can be relaxed given his need for international travel.
  • Whether the risk of the applicant absconding justifies retaining the passport surrender condition.

Subjects

  • bail
  • passport surrender
  • Narcotics Control Bureau
  • modification of bail conditions
  • flight risk
  • business travel
  • interim application

Judgment

                                                     919-IA-627-2026.DOC




Ajit Pathrikar



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION
                 INTERIM APPLICATION NO. 627 OF 2026
                                  IN
                   BAIL APPLICATION NO. 2748 OF 2023

Anuj Keshwani S/o Sanjay Keshwani                       ...Applicant
     Versus
Union Of India And Anr.                                 ...Respondents

Ms. Ashwinii Achari i/b Taraq Sayed, for the Applicant.
Ms. Manisha Jagtap, SPP for the NCB-Respondent No.1.
Ms. Megha Bajoria, APP for State-Respondent No.2.


                          CORAM             DR. NEELA GOKHALE, J.
                          DATED:            27th FEBRUARY 2026
PC:-


1.        The Applicant seeks modification of conditions (c) and

(g) of the order dated 9th November 2023. Conditions sought

to be modified read thus:


            “(c) The applicant shall attend the investigating
            officer of Narcotics Control Bureau, Mumbai Zonal
            Unit once in a fortnight on 1 st and 3rd Monday of each
            month between 11.00 a.m. and 1.00 p.m.

            (g) The applicant shall surrender his passport, if any,
            to the investigating officer.”



                                       Page 1 of 5
                                  th
                                27 February 2026
                                                   919-IA-627-2026.DOC




2.   Heard Ms. Ashwinii Achari, learned counsel for the

Applicant, Ms. Manisha Jagtap, learned SPP for Respondent

No.1-NCB    and   Ms.    Megha          Bajoria,   learned   APP   for

Respondent No.2-State.



3.   Ms. Achari submits that there are 33 accused in the

criminal case. All the accused are on bail. Out of them, 8

accused have been granted bail by the Trial Court. She

submits that till date, the Applicant has complied with all the

bail conditions and there is no complaint of violation from the

Respondent. The charge-sheet is filed, however, charges are

not framed till date. She submits that the Applicant is a

businessman engaged in providing Airbnb services to tourists.

For his business related activities, he is required to travel

abroad. She further submits that the Applicant has complied

with all the conditions imposed by the said order. Hence, she

seeks return of the Applicant’s passport.



4.   Ms. Manisha Jagtap, learned SPP, on the other hand,

contends that the Respondent-NCB has an objection to return


                                Page 2 of 5
                           th
                         27 February 2026
                                               919-IA-627-2026.DOC




the passport. If the passport is returned and if he is granted

permission to travel abroad without any condition, there is an

apprehension that he may not return to India. She submits

that the Applicant is complicit in a serious offence and hence,

prays that the Interim Application be rejected.



5.   At the very outset, I have perused the order dated 26 th

September 2025, passed in the matter of the co-accused, Rhea

Chakraborty, who had sought similar relief. Admittedly, by the

said order the similar condition was relaxed. Furthermore,

similar condition was relaxed for as many as 8 accused by the

Trial Court itself. Undoubtedly, the Applicant, being a

businessman, is required to travel abroad for work related

reasons. It is an admitted fact that even as on date, the

charges are not framed.



6.   Since the said conditions have been relaxed for other 8

accused, I see no reason why the present Applicant be

continued to be imposed with these conditions. Considering

that the Applicant has co-operated with the trial till date; has


                                 Page 3 of 5
                            th
                          27 February 2026
                                              919-IA-627-2026.DOC




not been found violating any bail condition/s imposed on him

and has always returned from abroad whenever he has

travelled with permission from the Trial Court, I see no reason

to doubt that the Applicant may not be available for the

expeditious conclusion of the trial.



7.    In view of the aforesaid, the Application is allowed. The

conditions (c) and (g) are deleted. It is made clear that unless

granted express exemption by the Trial Court, the Applicant

shall appear before the Trial Court on each and every date and

shall co-operate with the expeditious disposal of the pending

trial. Before travelling abroad, the Applicant shall inform the

Prosecuting Agency in that regard and furnish his complete

itinerary to them, atleast four days before his departure. The

itinerary must contain the details of his hotel and flights,

which he intends to take. He is also directed to give his phone

number to the Prosecuting Agency and keep his phone

switched on at all times. He shall also intimate the

Prosecuting agency on his return to India.




                                Page 4 of 5
                           th
                         27 February 2026
                                                  919-IA-627-2026.DOC




8.       Subject to the aforesaid conditions, the officers of the

Prosecuting Agency are directed to return the passport to the

Applicant within three days from the date of uploading of this

order.



9.        The Applicant is directed to attend the office of the

Narcotics Control Bureau, Mumbai Zonal Unit once in every

two months, on the first Monday of every second month,

between 11:00 a.m. and 1:00 p.m.



10. Rest of the order remains as it is.



11. The Interim Application is partly allowed and disposed

of in the aforesaid terms.



                                                (Dr. Neela Gokhale, J)




                                  Page 5 of 5
                             th
                           27 February 2026


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.