Bombay High Court
ANUJ KESHWANI S/O SANJAY KESHWANIversusUNION OF INDIA AND ANR
- Decided
- Disposal
- Allowed
- Bench
- NEELA KEDAR GOKHALE
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.”
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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
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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
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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.
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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)
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