Digvijay Subhash More v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2489 OF 2025 1.

Rehan Ahmed Zuber Khan 2.

Suhail Shakil Ahmed Khan ...Applicants V/s.

State of Maharashtra

...Respondent.

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

Ms Afreen Shaikh a/w. Adv. Nikhat Shaikh for the Applicants. Mr. P.H. Gaikwad, APP for the Respondent/State. API Nisha Chavan, Mumbra Police Station present. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

11.09.2025.

P.C. :

1.

This is an application for anticipatory bail. 2.

The applicants are apprehending their arrest in Crime No.1280 of 2025 registered at Mumbra Police Station for the offences punishable under Sections 118(2), 115(2), 351(2), 189(1), 189(2), 189(4) of the Bharatiya Nyaya Sanhita, 2023. 3.

According to the prosecution, on the date of incident, which took place on 28th July 2025, the present applicants along with other co-accused assaulted the first informant by iron rod, kick and fist blows. It is alleged that due to assault the first informant sustained injury to his right hand.

4.

I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State. 1/3

5.

Learned counsel for the applicants submits that applicant No.1 is a student and applicant No.2 is in service. It is submitted that even otherwise the alleged injury sustained by the first informant is not attributed to the present applicants. It is submitted that there are no other criminal antecedents against the applicants. It is further submitted that custodial interrogation of the applicants is not necessary as nothing is to be recovered at their instance. It is submitted that the applicants are ready to cooperate in the investigation.

6.

On the other hand, learned APP for the respondent/State submits that the first informant was assaulted by iron rod. It is submitted that considering the nature of crime, the applicants may not be released on anticipatory bail.

7.

I have perused the injury certificate. The nature of injury is simple. Even otherwise the alleged injury is not attributed to the present applicants. There are no other criminal antecedents against the applicants. Considering overall facts and circumstances of the case, 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 applicants in C.R. No.1280 of 2025 registered at Mumbra Police Station for the offences punishable under Sections 118(2), 115(2), 351(2), 189(1), 2/3

189(2), 189(4) of the Bharatiya Nyaya Sanhita, 2023, they shall be released on bail on executing P.R. Bond in the sum of 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