Rashida Khatun Naim Khan v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2866 OF 2025 Rashida Khatun Naim Khan ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. Aniket Vagal a/w Kunal Pednekar, Savvy Kolhekar, Juhi K. for the Applicant.

Mr. T. G. Khan, APP for the Respondent-State. Mr. Vinayak Karade, API, Kalwa PS is present. ----- MUGDHA MANOJ PARANJAPE CORAM :

N.R. BORKAR, J.

DATE :

15TH OCTOBER 2025 P.C. :

MUGDHA MANOJ PARANJAPE Date: 2025.10.30 13:12:52 +0530 1.

This is an Application for anticipatory bail. 2.

The Applicant is apprehending her arrest in Crime No.744 of 2025 registered with Kalwa Police Station for the offences punishable under Sections 118(1), 118(2), 3(5), 351(3) of the Bharatiya Nyaya Sanhita, 2023.

3.

According to the prosecution, on the date of incident, which took place on 10th September 2025 dispute arose between the first informant on the one hand and the present Applicant and other co-accused on the other hand on account of certain suspicion. It is alleged that during the said dispute the present Applicant and other co-accused have assaulted the first informant by brick and wooden stick, due to which he sustained grievous injury.

2 916-ABA 2866-25.doc 4.

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

5.

Learned Counsel for the Applicant submits that on the date of incident as the first informant was misbehaving with the Applicant, her brother came to her rescue. It is submitted that the first informant got annoyed and assaulted to the brother of the Applicant. It is submitted that thus there is a cross FIR in respect of the said assault. It is submitted that nothing is to be recovered at the instance of the Applicant and therefore there is no need for custodial interrogation. 6.

On the other hand, Learned APP for the Respondent-State submits that in the alleged incident the first informant sustained grievous injuries. It is submitted that the Applicant is involved in five more crimes. It is submitted that considering the overall facts and circumstances, the Applicant may not be released on anticipatory bail. 7.

I have perused the FIR. The alleged assault is attributed to the coaccused. In that view of the matter, I am inclined to release the Applicant on anticipatory bail on certain conditions. 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.744 of 2025 registered with Kalwa Police Station for the offences punishable under Sections 118(1), 118(2), 3(5), 351(3) of the Bharatiya Nyaya Sanhita, 2023, she shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees

3 916-ABA 2866-25.doc Twenty Five Thousand Only) with one or two sureties in the like amount.

iii. The Applicant till conclusion of the trial shall not enter into the limits of Thane District, except to attend the dates before the trial court.

iv.

The Applicant shall not commit any other crime. v.

Liberty is granted to the prosecution to file an application for cancellation of present anticipatory bail in case the Applicant commits breach of any of the above conditions. 8.

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

(N.R. BORKAR, J.)