Samira Sohab Baig v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2340 OF 2025 Samira Sohab Baig ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Sangram Desai a/w Mr. Advait Vajaratkar for Applicant. Mr. S. S. Chaudhari, APP for the Respondent-State. Mr. Sardar S. Patel (PSI), Sawantwadi Police Station, present. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

18th NOVEMBER, 2025 P.C.

1.

Applicant is apprehending arrest in Crime No.161 of 2025 registered with Sawantwadi Police Station, Dist. Sindhudurg for the offences punishable under Sections 69, 304, 333, 118(1), 115(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. 2.

It is prosecution's case that on 17th August, 2025 at 9:45 a.m., the applicant and co-accused assaulted the first informant with fist and kick blows and mop stick rod.

3.

It is contention of learned counsel for applicant that the coaccused against whom similar allegations are levelled have been Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.11.19 20:14:44 +0530 SAJAKALI LIYAKAT JAMADAR

released on bail. On the same day after the incident N.C. was filed by the first informant. In the said N.C., there are no allegations of snatching gold chain. There is delay in lodging the FIR. Considering the allegations against the applicant, custodial interrogation of the applicant is not required. Hence, requested to allow the application. 4.

It is contention of learned APP that the applicant and coaccused assaulted the first informant with mop stick rod and fist and kick blows in presence of her minor daughters. Due to emotional turmoil, the first informant could not file the FIR immediately. Considering the allegations against the applicant, custodial interrogation of the applicant is required. Hence, requested to reject the application.

5.

I have heard both the learned counsels, perused the FIR and documents placed on record. Immediately after the incident, NC was lodged by the first informant. In the said NC there are no allegations of snatching gold chain. There is one day delay in lodging the FIR. The co-accused against whom similar allegations are levelled have been released on anticipatory bail. Investigation is almost completed. Considering these facts, custodial interrogation of the applicant is not required. Hence, I pass the following order.

ORDER

(i) Application is allowed;

(ii) In the event of arrest, the applicant be enlarged on bail in Crime No.161 of 2025 registered with Sawantwadi Police Station, Dist. Sindhudurg on executing P.R.Bond in the sum of Rs.20,000/- with one or two sureties in the like amount;

(iii) The applicant shall attend the concerned police station as and when required.

6.

The application is allowed in the aforesaid terms and is accordingly disposed off.

7.

It is made clear that the above observations are made only for the purpose of granting anticipatory bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order. 8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)