Shaikh Sohel Shaikh Azhar v. The State Of Maharashtra
2025:BHC-AUG:25796 34-ABA-1046-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 34 ANTICIPATORY BAIL APPLICATION NO. 1046 OF 2025
1. Shaikh Sohel S/o Shaikh Azhar, Age: 21 years, Occu: Education, R/o. Teacher Colony, Dargah Road, Parbhani, Tq. and Dist. Parbhani.
...Applicant
VERSUS
The State of Maharashtra .....Respondent .....
Mr. Ashok P. Gaikwad, Advocate for the Applicant Mr. S. K. Shirse, APP for the Respondent - State .....
CORAM
:
NEERAJ P. DHOTE, J.
DATE :
22.09.2025 PER COURT :
1.
Heard the learned Advocate for the Applicant and the learned APP for the Respondent - State. Perused the papers on record. 2.
The Crime bearing No.0132/2025 is registered with Kotwali Police Station, District Parbhani, for the offences punishable under Sections 109(1), 126(2), 352 and Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. Since the Applicant, who is Accused No.2 in the said Crime, is apprehending arrest, he has filed this Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
34-ABA-1046-2025.odt 3.
It is the Prosecution case that, due to the previous quarrel, the Applicant and Co-accused No.1 assaulted the Informant on 05/04/2025 in the afternoon, when he alighted from the auto-rickshaw in front of the Tawakkal Medical Store on Dargah Road, Parbhani, by using iron rod and knife. The role of assault by iron rod is attributed to Accused No.1 - Nawaz Khan and the role of assault by knife is attributed to the Applicant. According to the first information report, the assault by knife was on the head of the Informant; however, the documents made available by the learned APP show that, the Informant suffered one simple injury on the left parieto-occipital region. The Co-accused is protected by the learned Sessions Court in Criminal Bail Application No.259/2025 by order dated 22/04/2025.
Considering the medical evidence of injured, the exaggeration in the first information report cannot be ruled out. The Applicant was protected by an interim order dated 30/06/2025 on certain conditions and he has co-operated with the Investigating Machinery. In these facts of the case, I am inclined to confirm the interim protection granted to the Applicant.
ORDER
[I] Interim protection granted to the Applicant by this Court vide order dated 30/06/2025 is confirmed.
[II] Anticipatory Bail Application stands disposed of accordingly. [NEERAJ P. DHOTE, J.] Signed by: Md. Sameer Q.
Designation: PA To Honourable Judge Date: 22/09/2025 19:37:47 Sameer/September-2025