Aaqib Aslam Jamadar v. State Of Maharashtra

1 45-ABA 2473-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2473 OF 2025 Aaqib Aslam Jamadar ... Applicant V/s.

State of Maharashtra ... Respondent ----- Ms. Afreen Shaikh a/w Nikhat Shaikh for the Applicant. Mr. Rutuja Ambekar, APP for the Respondent-State. PSI Khule, R.A.K. Marg PS is present.

----- CORAM :

N.R. BORKAR, J.

DATE :

12TH DECEMBER 2025 P.C. :

MUGDHA MANOJ PARANJAPE MUGDHA MANOJ PARANJAPE Date: 2025.12.25 13:19:01 +0530 1.

Mentioned out of turn.

2.

This is an Application for anticipatory bail. 3.

The Applicant is apprehending his arrest in Crime No.260 of 2025 registered with R. A. K. Marg Police Station for the offences punishable under Sections 115(2), 118(2), 351(2), 352, 189(1), 189(2), 189(4) of the Bharatiya Nyaya Sanhita, 2023.

4.

According to the prosecution on the date of incident, which took place on 17th July 2025, the Applicant and other co-accused assaulted the first informant by fighter and iron rod. It is alleged that in the incident the first informant sustained grievous injury.

2 45-ABA 2473-25.doc 5.

On 10th September 2025, this Court passed the following order: "1.

Learned counsel for the applicant seeks leave to implead the first informant as party respondent to the present application. Leave as sought is granted. Necessary amendment shall be carried out forthwith.

2.

Issue notice to the added respondent/first informant, returnable on 30th September 2025.

3.

In addition to court notice, the concerned police station shall intimate about the filing of present application and the next date of hearing to the added respondent/first informant.

4.

Learned counsel for the applicant submits that the applicant is a student and is suffering from intellectual disability. It is submitted that the applicant has nothing to do with the alleged crime and even the initial dispute was between co-accused and the son of first informant. It is further submitted that the applicant, without prejudice to his rights, is willing to pay compensation of Rs.25,000/- to the first informant/injured.

5.

On the other hand, learned APP for the respondent/State submits that at the time of alleged incident the applicant was armed with iron rod and assaulted the first informant with the said iron rod. It is submitted that considering the said fact the applicant may not be protected. 6.

Considering the fact that the applicant is student, till the next date he shall not be arrested.

7.

The applicant shall deposit amount of Rs.25,000/- with the registry of this court before the next date."

6.

Learned Counsel for the Applicant submits that pursuant to the above order, the Applicant has deposited an amount of Rs.25,000/- with the Registry of this Court. It is submitted that motive for the alleged crime is attributed to the co-accused. It is submitted that there are no other criminal antecedents against the Applicant. It is further submitted that the investigation is over and the prosecution has already filed chargesheet against the co-accused.

3 45-ABA 2473-25.doc 7.

Considering the overall facts and circumstances of the case, I am inclined to release the Applicant on anticipatory bail. Hence, the following order:-

ORDER

i.

The Anticipatory Bail Application is allowed. ii.

In the event of the arrest of the Applicant in Crime No.260 of 2025 registered with R. A. K. Marg Police Station for the offences punishable under Sections 115(2), 118(2), 351(2), 352, 189(1), 189(2), 189(4) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

iii. The Applicant shall not commit any other crime. iv.

The Applicant shall attend the concerned Police Station once in a month, i.e., on First Saturday of every month between 11.00 a.m. to 2.00 p.m. till conclusion of the trial. 8.

The Anticipatory Bail Application is disposed of in the aforesaid terms.

9.

The first informant Shakil Gulam Ahmad Shaikh is permitted to withdraw the amount of Rs.25,000/- deposited by the present Applicant (N.R. BORKAR, J.)