Shamsher @ Shamshad Mohammed Bashir Ansar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2291 OF 2025 1.

Shamsher @ Shamshad Mohammed Bashir Ansari 2.

Sameer Ahmed Mohammed Akram Ansari ...Applicants V/s.

The State of Maharashtra

...Respondent.

..............

Ms Saima Ansari for the Applicants.

Mr. Tanveer Khan, APP for the Respondent/State. PSI H. Shankar, Narpoli Police Station present. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

18.09.2025.

P.C. :

1.

This is an application for anticipatory bail. 2.

The applicants are apprehending their arrest in Crime No. 591 of 2025 registered at Narpoli Police Station, Bhiwani, District Thane for the offences punishable under Sections 118(1), 352, 115(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

According to the prosecution, on the date of incident, which took place on 23rd April 2025, dispute arose between the first informant and applicant No.1 on account of warranty of cooler which was purchased by the first informant from the shop of the applicant No.1. It is alleged that during the said dispute, the present applicant and other co-accused assaulted the first 1/3

informant by cricket bat and iron fighter, due to which he sustained grievous injury.

4.

I have heard the learned counsel appearing for the applicants and the learned APP for the respondent/State. 5.

The learned counsel for the applicants submits that there are cross FIRs. It is submitted that there are no other criminal antecedents against the applicants.

6.

On the other hand, the learned APP submits that considering the nature of crime, the applicants may not be released on anticipatory bail.

7.

I have perused the FIR. Prima facie, the incident does not appear to be premeditated. There are cross FIRs. Considering the said fact and as there are not other criminal antecedents, I am inclined to release the applicants on anticipatory bail. In the result the following order is passed.

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicant in C.R. No. 591 of 2025 registered at Narpoli Police Station, Bhiwani, District Thane for the offences punishable under Sections 118(1), 352, 115(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, they be released on bail on executing P.R. Bond in the sum of 2/3

Rs.25,000/- each with one surety or two sureties in the like amount.

C) The applicants shall attend the concerned police station as and when called by the Investigating Officer and shall cooperate in the investigation. [N.R.BORKAR, J.] 3/3