Shainaj Nurmahammad Kachhi And ANR v. The State Of Maharashtra

2025:BHC-AS:13855 Diksha Rane 11 ABA 631-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 631/2025 SHAINAJ NURMAHAMMAD KACHHI & ANR ..APPLICANTS VS THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Rahul Dhaigude for applicants.

Mr. Anand S. Shalgaonkar, APP for State.

------------ CORAM : RAJESH S. PATIL, J.

DATE : MARCH 25, 2025.

P.C. :

1.

This application is filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for seeking pre-arrest bail in connection with the First Information Report (FIR) No.27/2025 registered with the Lonand Police Station, District Satara, for the offence punishable under Sections 118(1), 115(2), 352, 351(2), 351(3) 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2.

As per the complaint filed which form part of the present FIR, the informant who is the mother of Salman has narrated the incident which occurred on 21/1/2025, at 7.00 p.m., in the night when her son Bablu had quarreled with Shahrukh. At that time, Salman's

Diksha Rane 11 ABA 631-2025.doc brother of Bablu arrived at a spot and when quarrel escalated, there was a fight between Shahrukh and Salman, due to which Salman sustained bleeding injury on his head. When enquiry was made by the informant's husband even he was not spared and he was assaulted by the accused persons. In fact, it is also be stated in the FIR that the mother of Shahrukh i.e. the present applicant no.1 had inflicted a blow of stone on the back of husband of the informant. Thereafter, an FIR has been lodged.

3.

The learned counsel for the applicants submits that the son of the present applicant no.1 by name Shahrukh has been arrested and granted regular bail. The allegations in the FIR are mainly against Shahrukh. The present applicants are aged 52 years and 60 years respectively. They do not have any criminal antecedents against them. They are ready to cooperate with the police. It is further submitted that Shahrukh and Salman are first cousins and closely related to each other. On small trivial issue the informant has given a colour of criminal and the FIR has been lodged.

4.

The learned APP submits that though the son of the present applicant no.1 has been granted regular bail, the applicant no.1 was also instrumental in assaulting the husband of the informant. The

Diksha Rane 11 ABA 631-2025.doc custody of the present applicants is necessary in order to complete the investigation.

5.

I have heard the learned counsel for the applicants and the learned APP. I have also gone through the FIR and the documents on record.

6.

The parties are closely related to each other. As the husband of the informant and the applicant no.2 are real brothers. The son of the applicants and son of the informant are first cousins who had small issue amongst themselves about borrowing of money which was demanded by son of the informant from the son of the present applicants. Due to which there was verbal abuse between Shahrukh and Salman, thereafter, a physical assault. There is no criminal antecedents as far as the present applicants are concerned. Considering the fact that the parties are closely related to each other and accused Shahrukh has already been granted regular bail, according to me, the case is made to grant interim protection to the present applicants.

ORDER

(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with FIR No.27/2025

Diksha Rane 11 ABA 631-2025.doc registered with the Lonand Police Station, District Satara, the applicants shall be released on bail, on furnishing P.R. bonds to the extent of Rs.30,000/- each with one or two sureties each of the like amount.

(c) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence. (d) The applicants shall furnish details of their residential addresses, contact numbers and email addresses to the Investigating Officer.

(e) The applicants shall attend and meet the concerned police station on 3/4/2025 and 4/4/2025 between 11.00 a.m. to 1.00 p.m. and thereafter, as and when called for.

7.

The anticipatory bail application is disposed of. (RAJESH S. PATIL, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 26/03/2025 13:15:15