Khan Arbaj Aziz@ Mastan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3513 OF 2025 Khan Arbaj Aziz @ Mastan ... Applicant V/s.

The State Of Maharashtra ... Respondents ____________________________________ Mr. Ranjit G. Jadhav (Through V.C.), Advocate for the Applicant. Mr. S. M. Mangaonkar, APP for the Respondent-State. Police Constable, Mr. Sachin Prabhakar Khairnar, Yeola City Police Station, Pune, present.

____________________________________

CORAM

: MADHAV J. JAMDAR, J.

DATED : 18th FEBRUARY 2026 P.C.:

1.

Heard Mr. Jadhav, learned Counsel appearing for the Applicant and Mr. Mangaonkar, learned APP for the State. 2.

By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicant is seeking prearrest bail in connection with C.R. No.330 of 2025 registered with Yeola City Police Station, Nahik Rural, for the offences punishable under Sections 3 and 25 of the Arms Act, 1950.

3.

It is the submission of Mr. Jadhav, learned Counsel appearing for the Applicant that, the Applicant is not involved in the crime. He submits that maximum punishment is 5 years. He further submits that Accused Nos.1, 3 and Accused Nos. 5 to 7 have been released on regular bail. He submits that there are no other antecedents and therefore Anticipatory Bail be granted.

4.

On the other hand, Ms. Yadav, learned APP strongly opposes the Application. She submits that the Applicant has provided Pistol to Accused No.1. She submits that the offence is very serious and therefore, the Anticipatory Bail be rejected. 5.

The prosecution case is set out in paragraph no.2 of order dated 1st December 2025 passed by learned Additional Sessions Judge, Yeola in Criminal Bail Application No.233 of 2025 which read as under:- "2.

It is alleged by the complainant Satish Devram More that on 20.10.2025 at about 2.45 p.m., near Muktibhumi, Court Road, near Court premises, Tal-Yeola, accused Imran and Saad Rafi Ansari were found in possession of country made pistol with two live cartridges and one scooter. They found in suspicious circumstances. Therefore, the informant caught them and seized country made pistol, two live cartridges and scooter. After that, informant approached to the Yeola City Police Station and lodged the report. On that basis Crime No.330 of 2025 registered against them."

[ 6.

Perusal of the record shows that there are total 8 Accused and out of that Accused Nos.1, 3 and 5 to 7 have been released on regular bail. Accordingly, in the facts and circumstances, the Applicant is entitled to pre-arrest bail.

7.

In view thereof, following Order is passed:

O R D E R

(i) In the event of arrest, the Applicant - Khan Arbaj Aziz @ Mastan in connection with C.R. No.330 of 2025 registered with Yeola City Police Station, Nahik Rural, be released on bail on executing P.R. bond of Rs.25,000/- and furnishing one or two sureties in the like amount. (ii) The Applicant shall attend the concerned Police Station once a week i.e. on every Sunday between 11.00 a.m. to 2.00 p.m. and shall co-operate with the investigation.

(iii) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(iv) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(v) The Applicant shall not leave India without prior permission of the Court.

(vi) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant, or any witness, in any manner.

8.

The Anticipatory Bail Application is allowed and disposed of accordingly.

( MADHAV J. JAMDAR, J.)