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Bombay High CourtABA/2159/2025disposed off

Arefkhan Yusufkhan Pathan Alias Aaref Yusuf Pathan v. The State Of Maharashtra And Another

2025-12-11Hon'Ble Shri Justice R. M. Joshi2 pages

{1} 905 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 2159 OF 2025 Arefkhan Yusufkhan Pathan Alias Aaref Yusuf Pathan and another ....Applicant

VERSUS

The State Of Maharashtra And Another .....Respondent .....

Advocate for Applicant : Mr. Andhale S.R.

APP for Respondents: Mr. K.N. Lokhande.

CORAM : MEHROZ K. PATHAN, J.

DATE : 11TH DECEMBER, 2025.

P.C. :- 1.

Notice returnable on 8th January, 2026.

2.

APP waives notice for respondent No.1.

3.

It is submitted by the learned counsel for the applicant that the injuries sustained by the family members of the complainant appear to be simple in nature and only one grievous injury is shown to have been sustained by son of Mangal Veer i.e. Shrikrishna not on any vital part of the body and thus taking into consideration that there are 3 N.C. Reports filed on record which is registered at Police Station, Paithan, and also that a civil suit is filed by applicant Arif Khan alongwith other family members, bearing No. 252 of 2016 against Shrikrishna, I am inclined to protect the applicants, however, on certain conditions. Hence, the following order :-

O R D E R

[I] In the event of arrest of the applicants, in connection with Crime No.0040 of 2025, registered with Paithan Police Station, District Chhatrapati Sambhajinagar, for the offences under Sections 118-1, 118-2, 74, 189-2, 191-2, 191-3, 190,

{2} 905 sr.no..odt 351-2, 352 of Bhartiya Nyaya Sanhita, the applicants :- [I] Arefkhan s/o. Yusufkhan Pathan@ Aref S/o. Yusuf Pathan and [ii] Amerkha S/o. Yusufkha Pathan @ Amir S/o. Yusufkha Pathan, be released on bail on furnishing PR Bond in the sum of Rs. 50,000/- each, with one or more sureties in the like amount, on the following conditions :

[i] The applicants shall attend the concerned police station and report to the I.O. on every Tuesday and Wednesday i.e. on 16th, 17th, 23rd, 24th , 30th and 31st December, 2025 and 6th and 7th January, 2026, between 11.00 a.m. to 1.00 p.m. and shall cooperate with the investigation.

[ii] The applicants shall not enter into the jurisdiction of village Wadwali, Taluka Paithan, Dist. Chhatrpati Sambhaji Nagar, till the filing of charge sheet, as against the present applicant.

[ii] The applicants shall not tamper with the prosecution evidence.

[iii] The I.O. shall make investigation papers available on next date of hearing.

[iv] The applicants shall submit their Aadhar and Pan card to the I.O.

[iv] Stand over to 8th January, 2026.

[MEHROZ K. PATHAN] JUDGE.

grt/-