Bijal Jay Mukhi and Anr. vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

Bijal Jay Mukhi and Anr. vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim conditional anticipatory bail granted: in the event of arrest in connection with F.I.R. No.0697 of 2025 (Sections 316(2), 318(4) read with 3(5) BNS; Naupada Police Station, Thane), each Applicant to be released on executing a PR bond of Rs.25,000/- with one or more sureties of the like amount; attendance at Naupada Police Station on 07/01/2026 and 14/01/2026 from 10:00 a.m. to 2:00 p.m. and thereafter as called by the I.O.; no tampering with evidence/witnesses; matter listed for further consideration on 19th January 2026 pending the learned A.P.P.'s instructions.

Issue for consideration

Whether the Applicants could be said to have committed offences punishable under Sections 316(2) and 318(4) of the BNS at all, given counsel's contentions that the agreement was signed by the Applicants themselves in their own capacity and that the transfer was effected by them in their capacity as Directors of M/s Infinity Logistics Private Limited. +3 more

Ratio / Principle

Perusing the papers, the Court found that the premises in question were transferred by the Applicants in their capacity as Directors of M/s Infinity Logistics Private Limited; that there appears to be a dispute between the parties regarding directorship of the Company; and that no documents were pointed out showing that the Applicants are not Directors of the Company. This assessment formed the stated basis ('In this premise') for extending interim protection.

Key takeaways

Holding that, in that premise, the Applicants needed to be protected for a brief period until the learned A.P.P. received instructions, the Court resolved to pass a protective order and granted interim conditional anticipatory bail.ratio¶34
Ordered that, in the event of arrest of the Applicants in connection with the offence under Sections 316(2), 318(4) read with 3(5) of the BNS vide F.I.R. No.0697 of 2025 (Naupada Police Station, Thane), the Applicants be released on executing a PR bond of Rs.25,000/- each with one or more sureties of the like amount.ratio¶41

Detailed headnote1 paragraphs

Anticipatory Bail Application — High Court of Judicature at Bombay (Criminal Appellate Jurisdiction), Vacation Court sitting of 2 January 2026 (Sandesh D. Patil, J.). Applicants Bijal Jay Mukhi (45) and Jasmine Bharat Adalja (70) sought pre-arrest protection in connection with F.I.R. No.0697 of 2025 registered on 3rd November 2025 at Naupada Police Station, Thane, under Sections 316(2), 318(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. Allegation: while the Complainant was lodged in Ahmedabad Central Prison, Sabarmati (08.06.2016–28.12.2024), his wife (Applicant No.1) and her mother (Applicant No.2) had the latter appointed Additional Director of M/s Infinity Logistics Private Limited and, in collusion, sold the property, duping him. Defence counsel contended the agreement was signed by the Applicants themselves in their own capacity, the transfer was effected qua Directors, and the Additional Director appointment was never challenged before any Competent Authority. On perusal, the Court found a live dispute regarding directorship of the Company and no documents showing the Applicants are not Directors; pending receipt of instructions by the learned A.P.P., it granted interim conditional anticipatory bail — release in the event of arrest on a PR bond of Rs.25,000/- each with like sureties, attendance at Naupada Police Station on 07/01/2026 and 14/01/2026 (10:00 a.m.–2:00 p.m.) and thereafter as called by the I.O., and a direction against tampering with evidence/witnesses — and listed the matter for further consideration on 19th January 2026.

ABA 3626-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.3626 OF 2025

Bijal Jay Mukhi Aged: 45 Years, Occ. Housewife. Having address at : 18/B/7, Sindhi Colony, Opp. SIES College, Sion, Mumbai

Jasmine Bharat Adalja Aged : 70 Years, Occ. Housewife Having address at : Flat No.2, Gopal Niwas, Opp. Best Depot, Sion, Mumbai.

… Applicants

Versus State of Maharashtra @ Sr. Inspector of Police, Naupada Police Station, Thane … Respondent --------------------

Mr. Manohar H. Ramsinghani a/w Ms. Rashmi Joshi, Mr. Kantilal Behwal, Mr. Abhishek Jadhav and Mr. Uday P. Shah for the Applicants.

Mr. Ashok Gavai, A.P.P. for the Respondent-State.

Mr. Dattatray Yadav, Asst. Police Inspector, attached to Naupada Police Station, Thane.

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ABA 3626-2025.doc

CORAM : SANDESH D. PATIL, J.

DATE : 2^nd JANUARY 2026. (VACATION COURT)

P.C.:

Heard Mr. Manohar Ramsinghani, learned Counsel appearing

for the Applicants and Mr. Ashok Gavai, learned A.P.P. for the Respondent-State.

By the present Anticipatory Bail Application, the Applicants seeks pre-arrest bail in connection with the F.I.R. No.0697 of 2025, registered on 3^rd November 2025, with the Naupada Police Station, Thane, under the provisions of 316(2), 318(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“ BNS ”).

The case of the Complainant is that the during the period from 8^th June 2016 to 28^th December 2024, when the Complainant was lodged in Ahmedabad Central Prison, Sabarmati, Gujrat, his wife Smt. Bijal Jay Mukhi and her mother Smt. Jasmine Bharat Adalja, got Smt.

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ABA 3626-2025.doc

Jasmine Bharat Adalja, appointed as Additional Director in M/s Infinity Logistics Private Limited. Thereafter they in collusion with each other, sold the property and thus, have duped the Complainant.

Mr. Manohar H. Ramsinghani, learned Counsel for the Applicants states that the agreement in question, is signed by the Applicants themselves in their own capacity. He states that the appointment of the Applicant No.2 as Additional Director, is not challenged by the Complainant before the Competent Authority.

Mr. Ramsinghani, states that the transfer was effected by the Applicants in the capacity as Directors of M/s Infinity Logistics Private Limited, hence, there is no question of commission of offence under Sections 316(2) and 318(4) of the BNS, arises.

Mr. Ashok Gavai, learned A.P.P. for the Respondent-State, on instructions from Mr. Dattatray Yadav, Asst. Police Inspector, seeks time to take instructions and file an Affidavit, if required. The

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ABA 3626-2025.doc

Complainant was also present in the Court and he also seeks time to engage an Advocate. The Complainant is identified by the Officer, Mr. Dattatray Yadav, who is present in Court.

I have perused the papers. The premises in question were transferred by the Applicants in the capacity as Directors of M/s Infinity Logistics Private Limited. There appears to be a dispute between the parties regarding directorship of the Company. No documents were pointed out to me, which show that the Applicants are not Directors of the Company.

In this premise, the Applicants need to be protected for a brief period till the learned A.P.P. receives the instructions. Hence, the following Order is passed.

ORDER

i. In event of arrest of the Applicants in connection with offence registered under Sections 316(2), 318(4), read with 3(5) of the BNS, vide F.I.R. No.0697 of 2025 dated

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ABA 3626-2025.doc

3^rd November 2025, registered with Naupada Police Station,

Thane, the Applicants be released on executing PR bond of Rs.25,000/- each with one or more sureties of the like amount.

ii. The Applicants shall attend the Naupada Police Station, Thane, on 07/01/2026 and 14/01/2026 from 10:00 a.m. to 2:00 p.m. and thereafter as and when called by the I.O.

iii. The Applicants shall not tamper with the evidence/witnesses in any manner.

To enable to learned A.P.P. to take instructions, list the matter on 19^th January, 2026 for further consideration.

(SANDESH D. PATIL, J.)

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Digitally signed by RAJESH RAJESH VASANT VASANT CHITTEWAN CHITTEWAN Date: 2026.01.02 16:39:55 +0530