Mohammed Fazal Masiuddin Khan v. State Of Maharashtra

1 910-ABA 2599-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2599 OF 2025 Mohammed Fazal Masiuddin Khan ... Applicant V/s.

State of Maharashtra ... Respondent ----- Ms. Sana Shaikh, Nisha Lakariya, Maya Updeshe, Vipul Ghate, Ruha Shaikh, Pratik Thadani for the Applicant.

Mr. V. N. Sagare for the Respondent-State.

M. R. Gavali, PSI, Deonar PS is present.

----- CORAM :

N.R. BORKAR, J.

DATE :

10TH OCTOBER 2025 P.C. :

MUGDHA MANOJ PARANJAPE MUGDHA MANOJ PARANJAPE Date: 2025.10.27 15:56:31 +0530 1.

This is an Application for anticipatory bail. 2.

The Applicant is apprehending his arrest in Crime No.368 of 2025 registered with Deonar Police Station for the offences punishable under Sections 118(2), 189(2), 191(3), 190, 115(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 135 of the Maharashtra Police Act.

3.

According to the prosecution, on 14th April 2025 at around 11.00 p.m., the cousin of the first informant was standing with his friends near Mehfil Warsi Darga, Sonapur Road, Govandi, Mumbai. Subsequently, a quarrel started between cousin of the first informant and son of coaccused. It is alleged that during the said quarrel, the Applicant and co-

2 910-ABA 2599-25.doc accused have assaulted the first informant and his cousin brother with bamboo and iron rod.

4.

I have heard Learned Counsel for the Applicant and Learned APP for the Respondent-State.

5.

Learned Counsel for the Applicant submits that the Applicant has nothing to do with the alleged crime. It is submitted that there are no criminal antecedents against the present Applicant. It is further submitted that the Applicant is ready and willing to cooperate with the investigation. 6.

On the other hand, Learned APP for the Respondent-State submits that the Applicant has assaulted the cousin of the first informant by stick. It is submitted that the stick needs to be recovered and therefore custodial interrogation of the Applicant is necessary. It is thus submitted that the Applicant may not be released on anticipatory bail. 7.

I have perused the injury certificate of the cousin of the first informant. The injuries are simple in nature. There are no other criminal antecedents against the present Applicant. 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.368 of 2025 registered with Deonar Police Station for the offences

3 910-ABA 2599-25.doc punishable under Sections 118(2), 189(2), 191(3), 190, 115(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 135 of the Maharashtra Police Act, 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 attend the concerned Police Station as and when called and shall co-operate with the investigation. 8.

The Application is disposed of in the aforesaid terms. (N.R. BORKAR, J.)