Saipan Abdulrajak Shaikh v. State Of Maharashtra

Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2216 OF 2025 Saipan Abdulrajak Shaikh .....Applicant Vs.

State Of Maharashtra .....Respondent HARISH VITHAL CHAUDHARI by HARISH VITHAL CHAUDHARI Date:

2025.09.12 17:35:30 +0530 Adv. Abhijit B. Kadam for the Applicant.

Ms. Dr. Ashvini A. Takalkar APP for the Respondent-State. Police Naik-505 Shri. Chavan, Valsang Police Station. CORAM :

SHIVKUMAR DIGE, J.

DATE :

11th SEPTEMBER 2025 P.C.:

1.

By this application the applicant is apprehending arrest in crime no.262 of 2025 registered with Valsang Police Station Dist- Solapur Rural for offences punishable under Sections 189(2), 191(2), 191(3), 190, 115(2), 118(1), 119(1), 76, 352, 351(2) and 351(3) of Bharatiya Nyaya Sanhita, 2023. 2.

It is prosecution's case that on 15th May, 2025 at around 8.00 p.m., the applicant and co-accused assaulted the first informant and her mother on the ground of old dispute. The allegations against the applicant are that she pushed the old mother of the first informant and snatched mangalsutra from 1/4

the neck of the mother of first informant.

3.

It is contention of learned counsel for the applicant that she has been falsely implicated in this case. The first informant and his family members had came to the house of the applicant for demanding interest on loan amount given to the applicant by first informant and there was altercations between them. The applicant had lodged NC against the first informant. To counter it, the present FIR is lodged. There is a delay in lodging the FIR. Hence, requested to allow the application.

4.

It is contention of learned APP that the applicant had insulted the niece of the first informant. To confront the said act, the first informant and her family members went to the house of the applicant, at that time the applicant and coaccused assaulted the first informant and her mother. The applicant had snatched the gold chain of first informant's mother and pushed her. She further submits that the first informant and her mother were admitted in hospital. Hence they could not file the complaint immediately after the incident. Considering the allegations against the applicant, her custodial interrogation is required and requested to reject the application. 2/4

5.

I have heard both the learned counsel, perused the FIR and documents produced on record.

6.

It appears from the record that the incident happened in front of the house of the applicant and thereafter the applicant lodged the NC against the first informant and his family members and thereafter present FIR is lodged against the applicant and co-accused. There is a delay of one day in lodging the FIR against the applicant. Considering the above facts, custodial interrogation of the applicant is not required and I pass following order :

O R D E R

I.

In the event of arrest, applicant be enlarged on bail in C.R. No.262 of 2025 registered with Valsang Police Station, Dist. Solapur Rural on furnishing P. R. Bond in the sum of Rs. 20,000/- with one or two sureties in the like amount. II.

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

III.

The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or 3/4

any person concerned with the case.

IV.

Application is disposed of in above terms.

V.

All concerned to act on authenticated copy of this order. [SHIVKUMAR DIGE, J.] 4/4