Shaikh Kaleem Shaikhnoor v. The State Of Maharashtra

2025:BHC-AUG:36942

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 2475 OF 2025 SHAIKH KALEEM SHAIKH NOOR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Nilesh S. Ghanekar, Mr. S. S. Shaikh APP for Respondent : Mr. S. G. Sangale ...

CORAM : SACHIN S. DESHMUKH, J.

DATE : 22-12-2025 PER COURT:- 1.

The applicant seeks regular bail in connection with Crime No.282 of 2025 dated 27.11.2025, registered with Begumpura Police Station, Aurangabad, for the offences punishable under Sections 105, 281, 324(4), 125(a), 125(b) of the Bhartiya Nyaya Sanhita, 2023 and Section 184 of the Motor Vehicles Act, 1988. In the said crime, the applicant is arrested on 27.11.2025. 2.

The prosecution case is that on 26.11.2025, the Informant received a call from his sister that the her husband met with an accident and was admitted to the hospital and eventually succumbed to injuries. Hence, the report came to be lodged and the applicant came to be arrested during the investigation. 3.

The learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. There is no cogent evidence on record to establish his complicity in the alleged offence. There is no motive on the part of the applicant. As such, allegations leveled against the applicants do not suffice the

requirements for the offenses against the applicant. It is further submitted that the applicant was not engaged in any form of rash driving or negligence as alleged by the prosecution. Thus, no purpose would be served by keeping the applicant behind the bars. Hence, prayed to allow the application. 4.

The learned A.P.P. has opposed the application and submitting that the applicant negligently drove the vehicle resulting into death of the deceased and serious injury to his daughter. As such, the same disentitle the applicant to be enlarged on bail.

5.

Having heard the submissions from both the sides and upon perusal of the record, including the chargesheet, indicates that prima facie the alleged incident appears to be a case of road accident. There is no sufficient material to establish that the applicant was driving in a rash or negligent manner. Nevertheless, the same is an aspect of trial and cannot be dealt into at this juncture. As such, further incarceration of the applicant would be unjustified. Equally, the presence of the applicant for the trial can be ensured by imposing stringent conditions.

6.

In that view of the matter, a case is made out to release the applicant on bail.

7.

Hence, the following order:-

ORDER

(i) The bail application is allowed.

(ii) Applicant, Shaikh Kaleem Shaikh Noor, be released on regular bail, upon their furnishing P.R. bond in the sum of Rs.50,000/- (Fifty Thousand only) with one or two local solvent sureties each in the like amount, in connection with Crime No.282 of 2025 dated 27.11.2025, registered with Begumpura Police Station, Aurangabad, for the offences punishable under Sections 105, 281, 324(4), 125(a), 125(b) of the Bhartiya Nyaya Sanhita, 2023 and Section 184 of the Motor Vehicles Act, 1988, on the following conditions :- (a) The applicant shall not contact the informant, in any manner whatsoever, during the pendency of the trial. (b) The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.

(c) The applicant shall not tamper with the prosecution evidence and he shall not influence the informant, witnesses and other persons concerned with the case. (d) The applicant, upon being released on bail, shall place on record of the trial Court the details of their Contact Numbers and detailed residential addresses with updates in case of any changes.

(e) In case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. (iii) Needless to state that the observations rendered hereinabove are to the extent of consideration of the bail applications and trial judge may not get influenced by these observations and shall consider the case/s on the basis of evidence on record and in accordance with law. [SACHIN S. DESHMUKH, J.] rrd