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Bombay High CourtABA/3529/2025allowed

Mohriza Khalid Shaikh v. State Of Maharashtra

2025-12-24Hon'Ble Shri Justice N. R. Borkar4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3529 OF 2025 Mohriza Khalid Shaikh ...Applicant V/s.

The State of Maharashtra

...Respondent

Adv. Nadeem M. S. Shaikh a/w Adv. D. Ansari, Adv. Mohsin Hawaldar & Adv. H. Shaikh, Advocate for the Applicant. Ms. Rutuja Ambekar, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

24.12.2025.

P.C. :

1.

This is an application for Anticipatory Bail. 2.

The applicant is apprehending his arrest in Crime No. 504 of 2025 registered at Mira Road Police Station, for the offences punishable under Sections 118(1), 115(2), & 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

It is the case of the prosecution that on 26.11.2025, the present applicant and other co-accused assaulted the first informant and his friend Jayan when he tried to intervene to save 1/4

one Shamas Ali Khan from their assault. It is alleged that one of the co-accused assaulted the first informant by some sharp weapon, due to which the first informant sustained grievous injury. 4.

I have heard the learned counsel for the applicant and the learned APP for the respondent-State.

5.

The learned counsel for the applicant submits that the applicant is a student. It is submitted that the alleged injury sustained by the first informant is not attributed to the present applicant. It is submitted that there are no other criminal antecedents against the applicant. Learned counsel for the applicant submits that nothing is to be recovered at the instance of the applicant and therefore there is no need of custodial interrogation. The learned counsel for the applicant submits that the applicant, without prejudice to his right, is willing to pay Rs.15,000/- to the first informant towards medical expenses. 6.

On the other hand, the learned APP for the respondentState submits that the applicant has assaulted the first informant and his friends by fist and kick blows. It is submitted that 2/4

considering the nature of crime, the applicant may not be released on anticipatory bail.

7.

I have perused the First Informant Report. The alleged injury sustained by the first informant is attributed to the coaccused Tarun Patel. There are no other criminal antecedents against the present applicant. Considering the overall facts and circumstances, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed :

O R D E R

a) The Application is allowed.

b) In the event of arrest of the applicant in connection with Crime No. 504 of 2025 registered at Mira Road Police Station, for the offences punishable under Sections 118(1), 115(2), & 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, the applicant be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.

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c) The applicant shall hand over the demand draft of Rs.15,000/- to the investigation officer within a period of two weeks, who in turn shall hand over the said demand draft to the first informant Rehan Khan Irshad Ahmed.

[N.R.BORKAR, J.] 4/4