Zakir Rajubhai @ Babubhai @ Sameer Karim Sait vs State of Maharashtra

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.

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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.

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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.

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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.

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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.

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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.

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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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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.

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ORDER

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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.

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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.

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iii) The Applicant should attend the concerned police station on the First day of each month til framing of the charge.

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iv) The Applicant shall not leave the city of Mumbai without prior intimation to the concerned Investigating Officer.

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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.

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vi) Any breach of the aforestated condition shall result forthwith into cancellation of bail.

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In view of the above, Application stands allowed and disposed of accordingly.

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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.

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(R. M. JOSHI, J.)

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VDMokal/-

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Zakir Rajubhai @ Babubhai @ Sameer Karim Sait v. State of Maharashtra

Case brief

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Zakir Rajubhai @ Babubhai @ Sameer Karim Sait v. State of Maharashtra

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