Rashid Azizbhai Fazlani v. The State Of Maharashtra And Another
1 46ABA786.2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
46 ANTICIPATORY BAIL APPLICATION NO. 786 OF 2025 Rashid Azizbhai Fazlani
VERSUS
The State Of Maharashtra And Another ...
Mr. Dhananjay M. Shinde - Advocate for Applicant Mr. C. V. Bhadane - APP for State ...
CORAM : NEERAJ P. DHOTE, J.
DATED : 15TH SEPTEMBER, 2025 PER COURT : - 1.
Heard the learned Advocate for the applicant and the learned APP for the State. Perused the papers on record. 2.
Since the Applicant is apprehending arrest at the hands of Sindkhed Police in connection with Crime No. 0035 of 2025 registered with Sindkhed Police Station, District Nanded, for offencces punishable under Sections 109, 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, he has approached this Court by filing the present Application seeking Anticipatory Bail.
3.
The above referred Crime is registered on the report lodged by the Applicant's nephew that, the Applicant and one lady assaulted him in the night of 08.03.2025. The Applicant assaulted the Informant
2 46ABA786.2025.odt with an Iron rod on his back and pressed his neck. There is cross FIR by the Applicant bearing Crime No. 0036 of 2025 registered with the same Police Station against the Informant in this Case, alleging more or less the same act.
4.
The learned APP fairly submits that, no injuries were suffered by the Informant. The parties are in relation. The Applicant was protected by order dated 9th May, 2025. It is nobody's case that the Applicant has flouted the conditions imposed in the interim order. So far as the antecedents are concerned, the same were considered in the Anticipatory Bail Application No. 670 of 2025 decided by order dated 8th September, 2025. The relevant part from paragraph no. 6 of the said order is reproduced below.
"6.
...... The Chart made available by the learned Advocate for the Applicant shows that, in Crime No. 46/2002 the Applicant has been acquitted, in Crime No.29/2005 the Applicant has been convicted and released on Probation of Offenders Act, in FIR No.10/2003 no Charge- sheet was filed, in Crime No.16/2011 'C' summery was filed and two FIRs bearing Nos.265/2023 and 35 of 2025 are pending. Considering the nature of offence alleged against the Applicant and in view of the above observations, the criminal antecedent by itself cannot form the basis to reject the Application."
5.
In view of the above, I am inclined to confirm the interim protection granted to the Applicant. Hence, the following order.
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ORDER
[i] The interim protection granted to the Applicant vide order dated 9th May, 2025, is confirmed.
[ii] The Application stands disposed off.
[NEERAJ P. DHOTE] JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 15/09/2025 20:26:17