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Bombay High Court
Zakir Rajubhai @ Babubhai @ Sameer Karim ... vs State Of Maharashtra on 9 April, 2026
2026:BHC-AS:16950 17-BA-857-2026.ODT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 857 OF 2026
Zakir Rajubhai @ Babubhai @ Sameer Karim ...Applicants
Sait
Versus
The State of Maharashtra ...Respondent
Mr. Niranjan Mundargi a/w Mr. Keral Mehta a/w Mr. Firoz
Prandarwala i/b Mr. Wasim Prandarwala, for the Applicant.
Ms. Sangeeta D. Shinde, APP, for the Respondent - State.
Mr. Khutwad, API, Dindoshi Police Station, Mumbai, is present.
CORAM: R. M. JOSHI, J.
DATED: 9th APRIL, 2026
PC:-
1. Applicant seeks bail in connection with Crime No. 373 of
2025 registered with Dindoshi Police Station, Mumbai, for the
offences punishable under Sections 336(2), 336(3), 338, 339,
340(2) of Bhartiya Nyaya Sanhita, 2023 (for short "BNS") and
under Section 12 of The Passports Act, 1967.
2. In short, it is a case of the prosecution that during an
investigation into a crime registered in the State of Gujarat, it
was revealed that there is a racket of human trafficking to the
United States of America and for that purpose bogus
documents/passports were prepared. Name of the present
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Applicant is alleged to have appeared in the said investigation.
On the basis of the same, present crime came to be registered
against him. It is alleged against him that he obtained three
passports on producing forged documents before the passport
authority. After conclusion of investigation, chargesheet is filed
against him.
3. Learned Counsel appearing on behalf of the Applicant
submits that there is no allegation against the Applicant of he
fabricating the passport itself. The allegation is with regard to
he providing false information and obtaining three passports. It
is his submission that in this regard that the earlier two
passports are impounded and fresh passport is issued to him. It
is his argument that the offences excepting Section 338 of BNS
is punishable with less than three years imprisonment. It is his
submission that in absence of any evidence to show any
fabrication of document by Applicant, in all probability the
offence punishable under section 338 of BNS does not stand
against him. It is his submission that the Applicant is arrested on
10.10.2025 and hence he be entitled for bail.
4. Learned APP oppose the application by submitting that
the obtainment of three passports with different particulars itself
indicates that the passports are obtained not only on the basis of
false information but also on the basis of forged documents. In
this regard she drew attention of this Court to the details on
these three passports. It is submitted that having regard to the
nature of crime and also in view of the fact that there are other
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two crimes registered against the Applicant, he is not entitled
for bail.
5. Prima facie perusal of the evidence collected during the
course of investigation, does not indicate any investigation being
carried out with regard to the documents submitted to the
passport authority to be forged documents. Thus, at this stage,
the only allegation against present Applicant which could
substantiated is that he gave false information while procuring
the passport.
6. Needless to say that providing of false information and
fabrication of document cannot be equitted. Having regard to
this fact, this Court finds substance in the contention of the
Counsel for the Applicant that the offence punishable under
section 338 of BNS may not get attracted against him.
consequently, other offences against him are punishable with
imprisonment for less than three years.
7. Learned APP apprehends that if the Applicant is enlarged
on bail, he would not be available during the trial and that there
is every chance of the going absconding. Learned Counsel
makes statement that the Applicant would be required to attend
different crimes in State of Gujarat and Delhi. He makes further
statement that the Applicant would intimate to the investigating
officer before leaving Mumbai for attending those cases and
after returning he would submit evidence to show such
appearance.
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8. Insofar as the antecedents against the Applicant are
concerned, appropriate conditions can be imposed in order to
ensure that he would be available during the trial. Hence,
order.
ORDER
i) Criminal Bail Application stands allowed in
connection with Crime No. 373 of 2025
registered with Dindoshi Police Station, Mumbai,
for the offences punishable under Sections
336(2), 336(3), 338, 339, 340(2) of Bhartiya
Nyaya Sanhita, 2023 (for short "BNS") and under
Section 12 of The Passports Act, 1967.
ii) The Applicant be enlarged on bail, on furnishing
P. R. Bond of Rs.30,000/- with one or two local
sureties in the like amount, to the satisfaction of
the Trial Court.
iii) The Applicant should attend the concerned police
station on the First day of each month til framing of
the charge.
iv) The Applicant shall not leave the city of Mumbai
without prior intimation to the concerned
Investigating Officer.
v) As undertaken, Applicant before leaving Mumbai to
intimate the Investigating Officer, so also on
returning back to Mumbai to place before him
material indicating his appearance in those cases.
vi) Any breach of the aforestated condition shall result
forthwith into cancellation of bail.
9. In view of the above, Application stands allowed and
disposed of accordingly.
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10. It is clarified that the above observations are made on
prima facie consideration of the material on record and the
same shall not bind the parties during the final hearing of the
Trial Case.
(R. M. JOSHI, J.)
VDMokal/-
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