Shaikh Moin Shaikh Lal And Others v. The State Of Maharashtra
*1*
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1131 OF 2025 SHAIKH MOIN SHAIKH LAL AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA ...
Shri Arora Shyam C., Advocate for the Applicants. Shri C.V. Bhadane, APP for the Respondent/State. ...
CORAM : ADVAIT M. SETHNA, J.
DATE : 22 July 2025 P. C. :- 1.
This matter came up for hearing on 15 July 2025 when the notice was issued. The Applicants have filed this Application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, as they apprehend arrest.
2.
The proceedings relate to Crime No.0158/2025. FIR was lodged on 14 April 2025 at 03:05 hours by the City Chowk Police Station, Chhatrapati Sambhajinagar. The alleged offences are punishable under Sections 109, 115(2), 118(2), 189(2), 189(4), 296, 351(3) and 352 of the Bharatiya Nyay Sanhita, 2023. The informant is one Ayesha Firdos Hasan Shaikh. Accused No.5 Mukhtar Khan is the real uncle of the informant
*2* and other accused persons i.e. accused Nos.1, 2, 3, 4, 6 and 7 are the brothers. It appears that accused Nos.3 and 5 have been released on regular bail by the order of this Court dated 23 June 2025.
3.
With the assistance of the learned Advocate for the Applicants and the learned APP, I have perused the FIR and the record available with the Court. It appears from the order dated 23 June 2025 passed by this Court granting regular bail to accused Nos.3 and 5 that the nature of allegations is similar involving the same alleged incident, which is part of the present FIR.
4.
The learned Advocate for the Applicants draws attention of the Court to the affidavit of the informant dated 13 June 2025. It appears that there is also an affidavit filed by the victim/ injured/ informant's mother, which is also in the nature of compromise dated 13 June 2025. This is followed by another affidavit by the son of the informant dated 13 June 2025. All these affidavits are annexed to this Anticipatory Bail Application filed before this Court and were also part of the Regular Bail Application filed by the co-accused. There is nothing on record
*3* produced by the prosecution, as on today, to controvert such affidavits. Pertinent to note that the nature of injuries caused by the Applicants on the victim, as alleged in the FIR, are simple in nature. Such statement is confirmed by the learned APP for the State.
5.
Considering the above, the Applicants, at this stage, deserve some protection. As such, I pass the following order:-
O R D E R
(i) Until adjourned date of hearing, in the event of arrest of the Applicants in connection with C.R. No. 0158/2025 registered with City Chowk Police Station, Chhatrapati Sambhajinagar for the offences punishable under Sections 109, 115(2), 118(2), 189(2), 189(4), 296, 351(3) and 352 of the Bharatiya Nyay Sanhita, 2023, the Applicants are directed to be released on bail on their furnishing PR bond in the sum of Rs. 20,000/- (Rupees Twenty Thousand Only) each with one or more sureties in the like amount.
(ii) The Applicants shall attend the concerned Police Station on every Monday at 11.30 am, until the further orders and shall cooperate with the investigation.
(iii) The Applicants shall furnish details of residential address and other contact details such as the mobile number etc. to the concerned Police
*4* Station. If there is any change in the contact details, the same shall be immediately informed to the concerned Police Station.
(iv) The Applicants shall not leave the jurisdiction of the competent Court without prior permission, until further orders.
(v) They shall not contact and/or influence the witness/es and/or tamper with the evidence in any manner whatsoever.
6.
List the Application for further consideration/hearing on 12 August 2025.
7.
The protection granted today in favour of the Applicants shall continue until the adjourned date of hearing. kps ( ADVAIT M. SETHNA, J. )