Ajim Afzal Shaikh v. The State Of Maharashtra
2025:BHC-AUG:19433
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 946 BAIL APPLICATION NO. 1088 OF 2025
1. BABBU SHAHANUR SHAIKH
2. SAMIR YUSUF SHAIKH
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Ghanekar Nilesh S. APP for Respondent/State: Mr. N. B. Patil ...
WITH CRIMINAL APPLICATION NO. 2219 OF 2025 IN BA/1088/2025 TAUFIQ RAFIQ SHAIKH
VERSUS
BABBU SHAHANUR SHAIKH AND OTHERS ...
Advocate for Applicant : Mr. Imran Khan Guftar Khan Durrani APP for Respondent/State: Mr. N. B. Patil ...
WITH ...
BAIL APPLICATION NO. 1374 OF 2025 AJIM AFZAL SHAIKH
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Sikchi Aditya N. APP for Respondent/State: Mr. N. B. Patil ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 24.07.2025
P.C. :
1] Criminal Application No.2219 of 2025 is allowed to the extent of assist to public prosecutor. 2] Heard learned counsel for the applicants and the learned APP for the respondent-State.
3] The applicants are seeking bail as they were arrested on 09.03.2025 in connection with Crime No.595/2024, dated 22.12.2024, registered with Bidkin Police Station, District Chhatrapati Sambhajingar, for the offences punishable under Sections 109, 126(2), 189(2), 191(2), 191(3), 190 of the Bharatiya Nyaya Sanhita, 2023. 4] The case of the prosecution is that the applicants have assaulted the informant on 19.12.2024 between 12:00 to 12:30 hours. The FIR is lodged on 22.12.2024. The applicants are arrested, investigation is complete and charge-sheet is filed in the matter. The learned counsel for the applicants have produced the injury certificate. Injured Taufiq has suffered 4 simple injuries and Azim has suffered 3 simple injuries. It is stated that as against the applicant Azim there is antecedent and crime is registered against him in the year 2014. As regards another applicant Samir there is one antecedent however he is acquitted. As regards other applicants there are no antecedents.
5] The learned counsel appearing for assist to public prosecutor raised objection to the grant of bail and submits that the bail may not be granted.
6] Considering that the injuries are simple in nature and the applicants are behind bars from 09.03.2025, the applicants can be granted bail.
7] In view of the above, the applications are allowed in the following terms :
a] The applicants shall be released on bail in connection with Crime No.595/2024, dated 22.12.2024, registered with Bidkin Police Station, District Chhatrapati Sambhajingar, for the offences punishable under Sections 109, 126(2), 189(2), 191(2), 191(3), 190 of the Bharatiya Nyaya Sanhita, 2023, on furnishing PR bond of Rs.20,000/- each with one or two sureties in the like amount to the satisfaction of the trial Court.
b] The applicants shall not indulge themselves in similar offences.
c] The applicants, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial. d] The applicants shall co-operate with the trial Court and they shall attend each and every date, unless exempted by the trial Court.
e] The applicants shall not tamper with the evidence of the prosecution and they shall not influence the informant, witnesses and other persons concerned with the case.
f] The applicants, upon being released on bail, shall place on record of the trial Court the details of their Contact Number and residential address with updates in case of any change.
8] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicants shall be liable to be cancelled.
9] It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.
10] The applications stand disposed of.
[ARUN R. PEDNEKER] JUDGE marathe