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Bombay High CourtBA/923/2025allowed

Maaz Khan S/O Salim Khan v. State Of Maharashtra Thr Pso Ps Lakadganj Nagpur

2025-08-26Hon'Ble Justice Urmila Joshi Phalke3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 923 OF 2025 Maaz Khan s/o Salim Khan Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. T.A. Mirza, counsel with Mr. P.K. Bezalwar, counsel for applicant. Mr. N.B. Jawade, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 26 /08/2025.

1.

The applicant came to be arrested on 28/07/2025, in connection with Crime No. 556 of 2025 registered at Police Station Lakadganj, Nagpur for the offence punishable under Sections 76,74, 333, 115(2), 351(2), 352, 324(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

2.

The crime is registered on the basis of a report lodged by mother of the victim, on an allegation that on 27/07/2025, at about 5.30 to 6.00 p.m., four persons, including the applicant, entered into the house of the informant. On being questioned by the informant's son, one of the accused had come to them along with the informant's daughter. The accused persons then forcefully entered the house, claimed to be a police personnel, but failed to produce any identity card when asked. They abused the informant in filthy language, manhandled the informant's daughter by touching to her chest and outraging her modesty, and

also damaged household articles. On the basis of the said report, police have registered the crime. 3.

Learned counsel for the applicant submitted that, as far as the present applicant is concerned, except his presence, no overt-act is attributed to him, and his custodial incarceration is not required. In view of that, he be released on bail.

4.

Learned APP strongly opposed the said application and submitted that other co-accused and the present applicant entered forcefully into the house and outraged the modesty of the informant and also caused the damage. Thus, considering the statement of the witnesses, the application deserves to be rejected. 5.

On hearing both sides and on perusal of the investigation papers, admittedly, no overt-act is attributed to the present applicant, though his presence is revealed from the investigation papers. Now, investigation is practically completed, charge-sheet is yet to be filed, but considering no specific role is attributed to the present applicant, the applicant has made out a case for grant of bail. Accordingly, I proceed to pass the following order.

ORDER

a] The criminal application is allowed.

b] The applicant- Maaz Khan s/o Salim Khan shall be released on bail in connection with Crime No. 556 of 2025 registered at Police

Station Lakadganj, Nagpur for the offence punishable under Sections 76,74, 333, 115(2), 351(2), 352, 324(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, on executing P.R. Bond of Rs. 25,000/- with one solvent surety in the like amount.

c] The applicant shall attend the proceedings before the trial Court without seeking any exemption unless there are exceptional circumstances.

d] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the present case.

e] The applicant shall not indulge in similar type of the activities, and a single registration of the offence would lead to the cancellation of bail.

f] The applicant shall not enter into the vicinity of Lakadganj police station till culmination of the trial.

The criminal application is disposed of.

[URMILA JOSHI-PHALKE, J.]