Jahrun Nisha Mohd Umar Chaudhary And ANR v. State Of Maharashtra

1 912-ABA 2638-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2638 OF 2025 Jahrun Nisha Mohd. Umar Chaudhary & Anr.

... Applicants V/s.

State of Maharashtra ... Respondent ----- Mr. Abdul Wahab Shaikh a/w Ismail Shaikh, Aditya Parmar, Abdullah Siddiqui, Mushtaq Shaikh, Zoeb R. Qureshi for the Applicants. Mr. P. H. Gaikwad, APP for the Respondent-State. API Yogesh Lamkhade, Shil Dahisar PS, Thane City is present. ----- CORAM :

N.R. BORKAR, J.

DATE :

25TH SEPTEMBER 2025 P.C. :

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.09.26 19:27:38 +0530 MUGDHA MANOJ PARANJAPE 1.

This is an Application for anticipatory bail. 2.

The Applicants are apprehending their arrest in Crime No.817 of 2025 registered with Shil-Daighar Police Station for the offences punishable under Sections 109, 118(1), 118(2), 189(1), 189(2), 189(4), 190, 191(1), 191(2), 352 of the Bharatiya Nyaya Sanhita, 2023. 3.

According to the prosecution, on the date of incident, which took place on 12th August 2025, the present Applicants and other co-accused assaulted the first informant and his relatives by iron rod and stone and attempted to commit their murder.

4.

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

2 912-ABA 2638-25.doc 5.

Learned Counsel for the Applicants submits that there is a cross FIR in relation to the alleged incident. It is submitted that no specific overt act is attributed to Applicant No.1. It is submitted that Applicant No.2 was injured in the incident. It is submitted that there are no criminal antecedents against the Applicants.

6.

On the other hand, Learned APP for the Respondent-State submits that there are specific overt act attributed to the Applicants. It is submitted that Applicant No.2 assaulted to one of the relatives of the first informant by stone. It is submitted that considering the nature of the crime, the Applicants may not be released on anticipatory bail. 7.

I have perused the FIR. No specific overt act is attributed to Applicant No.1. As regards Applicant No.2, it appears that she was also injured in the incident in question. There are no criminal antecedents against the Applicants. Considering the overall facts and circumstances, I am inclined to release the Applicants on anticipatory bail. Hence, the following order:

ORDER

i.

The Anticipatory Bail Application is allowed. ii.

In the event of the arrest of the Applicants in Crime No.817 of 2025 registered with Shil-Daighar Police Station for the offences punishable under Sections 109, 118(1), 118(2), 189(1), 189(2), 189(4), 190, 191(1), 191(2), 352 of the Bharatiya Nyaya Sanhita, 2023, they shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one or two sureties in the like amount.

3 912-ABA 2638-25.doc iii. The Applicants shall attend the concerned Police Station as and when called for by the investigating officer and shall cooperate in the investigation. iv.

The Applicants shall provide their residential address and contact number to the investigating officer.

8.

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

(N.R. BORKAR, J.)