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Bombay High CourtABA/1291/2025disposed off

Ahmed Khan Liyaqt Khan v. The State Of Maharashtra And Another

2025-10-07Hon'Ble Shri Justice Neeraj P. Dhote3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 ANTICIPATORY BAIL APPLICATION NO. 1291 OF 2025 Ahmed Khan S/o Liyaqt Khan, Age: 38 yrs, Occ. - Business, R/o. Juna Bazar, Hafiz Galli, Beed, Tq. Dist. Beed at Present R/o. Balepeer, Beed. ...Applicant

VERSUS

The State of Maharashtra And Another .....Respondents .....

Mr. R. G. Hange and Mr. H. R. Hange, Advocate for the Applicant Mr. M. K. Goyanka, APP for the Respondents - State .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

07.10.2025 PER COURT :

1.

Heard the learned Advocate for the Applicant and the learned APP for the Respondents - State. Perused the papers on record. 2.

The Applicant is apprehending arrest in Crime No.0315/2025, registered with Shivajinagar Police Station, District Beed, for the offences punishable under Sections 109, 118(1), 118(2), 351(2), 351(3), 352 and Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

It is the Prosecution case that, on 04/05/2025 in the night at 09:00 p.m., when the Informant and his two [02] friends were travelling on a

two-wheeler from Beed Nagar Road towards their house and when they reached Sathe Square, they stopped due to the traffic jam. One pickup van driver was honking the horn despite knowing that, there was traffic jam. The Informant told him that, there was traffic jam, upon which, the tempo driver abused the Informant. The verbal altercation turned violent. The Applicant and Co-accused got down from the pickup van and assaulted the Informant and his friends with the sickle. The Informant and the witnesses sustained injuries and they were hospitalized. On the statement of the injured Informant, the aforesaid Crime came to be registered. Hence, the Applicant is apprehending arrest.

4.

The papers show that, for the same incident, the Applicant has lodged the FIR, upon which, the Crime No.313/2025 came to be registered with the same Police Station, for the offences punishable under Sections 109, 118(2), 118(1), 115(2), 352, 351(3) and Section 126(2) against the Informant and others. The FIR lodged by the Applicant against the Informant and two [02] others is prior in point of time, which also shows that, the Applicant had suffered injury. The Crime is registered on the report of the Informant in the evening of the next day i.e. after the FIR was lodged by the Informant. Both the Crimes are registered against unknown persons. The medical papers of the Informant and the injured witness show that, they suffered simple injuries. Considering these aspects, the registration of Crime No.174/2022 for the offences punishable under Sections 188 of the Indian Penal Code,

1860 read with Section 135 of the Maharashtra Police Act, against the Applicant will not be sufficient to reject the Application. Hence, the following order :

ORDER

[I] Anticipatory Bail Application is hereby allowed. [II] In the event of arrest of the Applicant, namely, Ahmed Khan S/o Liyaqt Khan, in connection with Crime No.0315/2025, registered with Shivajinagar Police Station, District Beed, for the offences punishable under Sections 109, 118(1), 118(2), 351(2), 351(3), 352 and Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, he be released on bail on his furnishing P.B. of Rs.15,000/- (Rupees Fifteen Thousand Only), with one surety in the like amount, on the following conditions: [a] The Applicant shall attend the concerned Police Station from 13th October, 2025 to 16th October, 2025 in between 12:00 p.m. to 04:00 p.m., and thereafter as and when called by the Investigating Officer and shall co-operate with the investigation.

[b] The Applicant shall not tamper with the Prosecution evidence in any manner.

[III] The Anticipatory Bail Application is accordingly disposed off. [NEERAJ P. DHOTE, J.] Sameer/October-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 07/10/2025 19:33:35