Ashfaque Khan Nisar Khan v. The State Of Maharashtra And Another

2025:BHC-AUG:29276

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 ANTICIPATORY BAIL APPLICATION NO. 1432 OF 2025 Ashfaque Khan Nisar Khan, Age: 31 years, Occu: Business, R/o. Plot No.32, Bismilla Colony, near Bombay Bakery, Aurangabad ...Applicant

VERSUS

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

Mr. N. S. Ghanekar, Advocate for the Applicant Mr. C. V. Bhadane, APP for the Respondents - State Mr. Shilpa Aurangabadkar, Advocate for the Informant .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

15.10.2025 PER COURT :

1.

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

2.

The Crime No.0159/2025 came to be registered with Begumpura Police Station, District Chhatrapati Sambhajinagar, for the offences punishable under Sections 109, 3(5), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, on the report lodged by Samir Shaikh Yusuf that, in the night of 07/07/2025, he was assaulted by the Applicant and two (02) Co-accused, since he had mediated in the dispute between Arbaz Shaikh and Co-accused

No.3 - Mashkoor. According to the Informant, he was assaulted with the knife on the head by Co-accused - Mashkoor and the Applicant assaulted with the stick.

3.

The medical papers made available by the Prosecution show that, the Informant had gone to the GHMS, i.e. Civil Hospital, wherein, the history of assault given was that, he was assaulted by a metal rod by three

(03) to (04) unknown persons. It is submitted by the learned APP that, the Informant was not admitted and discharged immediately by giving primary treatment. The FIR is lodged after a period of two (02) days. The learned Advocate for the Informant submits that, he has no objection if the Application is allowed. Considering these aspects of the matter, I am inclined to pass the following order:

ORDER

[I] Anticipatory Bail Application is hereby allowed. [II] In the event of arrest of the Applicant, namely, Ashfaque Khan Nisar Khan, in connection with Crime No.0159/2025, registered with Begumpura Police Station, District Chhatrapati Sambhajinagar, for the offences punishable under Sections 109, 3(5), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, he be released 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 on 16th, 17th and 18th October, 2025 between 10:00 a.m. to 02:00 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.

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

Designation: PA To Honourable Judge Date: 15/10/2025 19:11:24