Anisuzzuman Aminuzzamun Sarkar vs Union Territory of Diu… — Cheating and Forgery | Bombay HC (2026)

Anisuzzuman Aminuzzamun Sarkar vs Union Territory of Diu… — Cheating and Forgery | Bombay HC (2026)

What the court decided

AI extract

Outcome

The Bail Application allowed in connection with Crime No. 19 of 2024 (Dabhel Police Station, District: Daman): the Applicant to be released on bail on furnishing a P.R. Bond of Rs. 30,000/- with one or two sureties in the like amount to the satisfaction of the Trial Court, on conditions that the Applicant shall not interfere with the prosecution evidence in any manner and shall attend all dates of hearing before the Trial Court except when exempted by a specific Trial Court order; the application thereafter disposed of.

Issue for consideration

Whether the Applicant, sought to be bailed out in connection with Crime No. 19 of 2024 (Dabhel Police Station, District: Daman; Sections 318(4), 319(2) and 336(1), BNS 2023), should be released on bail — the claim pressed on the ground of parity with a co-accused already released on bail and absence of criminal antecedents, against the learned APP's contention that the offence is of a serious nature.

Court's answer

Bail was granted substantially on the ground of parity: the Court held there is no dispute that the co-accused, against whom a greater role has been attributed, has been released on bail by order dated 29 September 2025 in Criminal Bail Application No. 46 of 2025, and that considerable time has elapsed since that order without the prosecution challenging it.

Ratio / Principle

The Court additionally relied on the fact that the Applicant has no criminal history as a ground for passing the order of release on bail.

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Criminal Appellate Jurisdiction), R. M. Joshi, J., 26 March 2026 — Bail Application No. 3958 of 2025 allowed. Anisuzzuman Aminuzzamun Sarkar, arraigned in Crime No. 19 of 2024 (dated 2 December 2024, Dabhel Police Station, District: Daman) for offences under Sections 318(4), 319(2) and 336(1) of the Bharatiya Nyaya Sanhita, 2023, was granted bail primarily on parity: the co-accused Abhishek Tapan Chakrawarti, to whom a greater role in the crime was attributed, had been released on bail by the Sessions Court, Daman on 29 September 2025 in Criminal Bail Application No. 46 of 2025, and that order had not been challenged by the prosecution; the Court also recorded that the Applicant has no criminal history. Release ordered on a P.R. Bond of Rs. 30,000/- with one or two like sureties, conditioned on non-interference with prosecution evidence and attendance at all Trial Court hearings unless specifically exempted. The learned APP's objection that the offence was of a serious nature was noted, but the Court passed the bail order on the parity and antecedents grounds; the application stood disposed of.

36-BA-3958-2025.DOC

Shivgan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 3958 OF 2025

Anisuzzuman Aminuzzamun Sarkar …Applicant Versus Union Territory Of Diu And Daman And Anr. …Respondents

Mr. Kuldeep Patil , with Sumit Kumar Nimbalkar and Rohit Malpani, for the Applicant.

Mr. Ashwin Thool , with Ayush Singh and Archishmati Chandramore, for the Respondent No.1.

Mr. H. J. Dedhia , APP for the Respondent No.2-State.

CORAM: R. M. JOSHI, J. DATED: 26^th MARCH, 2026.

PC:-

The Applicant seeks bail in connection with Crime No. 19 of 2024 dated 2^nd December 2024, registered with Dabhel Police Station, District: Daman, for the offences punishable under Sections 318(4), 319(2) and 336(1) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The learned counsel for the Applicant, at the outset, submits that apart from the merits of the case, the Applicant is entitled for bail on the ground of parity. He drew attention of the Court to the order dated 29^th September 2025 passed by the Sessions Court, Daman, granting bail to the Co-accused, Abhishek Tapan Chakrawarti, who is attributed greater role in the crime than the

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36-BA-3958-2025.DOC

present Applicant. It is his submission that the said order has not been challenged by the prosecution. He further states that there are no criminal antecedents against the Applicant and he is not likely to flee from justice.

The learned APP opposes the Application by contending that the offence is of a serious nature and hence, the Applicant is not entitled for bail.

There is no dispute about the fact that Co-accused against whom greater role has been attributed, has been released on bail by order dated 29^th September 2025 passed in Criminal Bail Application No.46 of 2025. A considerable time has elapsed since the said order, and it has not been challenged by the prosecution. The Applicant has no criminal history. Hence, the following order is passed:-

ORDER

(i) The Bail Application stands allowed in connection with Crime No. 19 of 2024 dated 2^nd December 2024 registered with Dabhel Police Station, District: Daman;

(ii) The Applicant be released on bail on furnishing P.R. Bond of Rs.30,000/- with one or two sureties in the like amount to the satisfaction of the Trial Court;

(iii) The Applicant not to interfere into the evidence of the prosecution in any manner whatsoever;

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36-BA-3958-2025.DOC

(iv) The Applicant to attend all the dates of hearing before the Trial Court except exempted by a specific order passed by the Trial Court;

The Bail Application stands disposed of.

(R. M. JOSHI, J.)

Digitally signed bySHAMBHAVI SHAMBHAVI NILESH NILESH SHIVGAN SHIVGAN Date: 2026.03.26 18:53:46 +0530

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