Naeem Budai Shaha And ORS v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.4737 OF 2025

1. Naeem Budai Shaha

2. Samim Budai Shaha

3. Naseem Budai Shaha

4. Kaleem Budai Shaha ... Applicants

Versus

The State of Maharashtra ... Respondent ________________________________________________________ Mr.Bhushan Deshmukh, for the Applicants.

Mr.P.P. Jadhav, APP for Respondent-State.

________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 27th JANUARY, 2026 P.C. :

.

By this Application, Applicant Nos.2 and 4 are seeking regular bail in Crime No.181 of 2024 registered with Shirgaon Parandvadi Police Station, Pimpri Chinchwad, Pune, for the offences punishable under Sections 189(2), 191(2), 193(3), 190, 121(1), 121(2) and 132 of the Bharatiya Nyaya Sanhita, 2023 ('BNS' for short).

2.

It is prosecution's case that on 9th July 2024, when Police had gone to scrap shop of the Accused No.1 Naeem to seize the stolen articles, at that time, the Applicants and co-accused assaulted the Police party with iron rod and by fist and kick blows, with an intention to kill them.

3.

It is contention of learned counsel for the Applicants that Applicants assaulted the police party with fist and kick blows. They are behind bars for more than 17 months. There is no progress in trial, and requested to allow the Application.

4.

It is contention of learned APP that, the Applicant's assaulted police party while discharging their duty with an intention to kill them. If the Applicant's released on bail, they may abscond or threaten prosecution witnesses, and requested to reject the Application. 5.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

6.

The allegations against the Applicants are of assaulting police party by fist and kick blows. The main allegations are against the Applicant Nos.1 and 3, who have withdrawn the bail Applications filed by them.

7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant No.2-Samim Budai Shaha and Applicant No.4-Kaleem Budai Shaha be released on bail in Crime No.181 of 2024 registered with Shirgaon Parandvadi Police Station, Pimpri Chinchwad, Pune, on furnishing PR bond of Rs.25,000/- each with one or two solvent sureties each in the like amount.

(ii) The Applicants shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(iv) The Applicants shall attend the concerned Court as and when required.

(v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)