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Bombay High CourtBA/427/2026application allowed

Malanbee Alias Malan Bablu Shaikh v. The State Of Maharashtra

2026-04-24Hon'Ble Shri Justice Shailesh P. Brahme3 pages

2026:BHC-AUG:18513 1 427 - 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 427 OF 2026 Malanbeen @ Malan Bablu Shaikh Age : Major, Occu : Household, R/o. Indira Nagar, Bagwan Colony, Ahmedpur, Tq. Ahmedpur, Dist. Latur ...

Applicant

VERSUS

The State of Maharashtra, Through Police Inspector, Ahmedpur Police Station Tq. Ahmedpur, Dist. Latur ...

Respondent ...

Advocate for Applicant : Mr. Arvind G. Jadhav A.P.P. for Respondent/State : Mr. N.R. Dayma

CORAM

: SHAILESH P. BRAHME, J.

DATE : 24.04.2026 PER COURT :

Heard both sides.

2.

The applicant is seeking enlargement on bail in connection with Crime No.830 of 2025, registered with Ahmedpur Police Station, District - Latur for the offences punishable under Section 103(1), 118(2), 189(2), 190, 191(2) 191(3), 351(2), 351(3), 352 of Bharatiya Nyaya Sanhita, 2023. 3.

It is alleged that the applicant is involved in the offence committed on 21.12.2025. She is alleged to have supplied weapons to co-accused Samir , Kalim and Sikandar who committed assault on Shoaib, Amer and Umer (informant). She is alleged to have abused them and incited the co-accused to commit the offence. In pursuance of registration of the offence, applicant was arrested on 23.12.2025. The investigation is over. 1/3

2 427 - 2026 4.

In the above backdrop, learned counsel for the applicant is seeking enlargement of applicant on bail on the ground that she is a woman and behind bars for sufficient time. Main perpetrators are Samir, Kalim and Sikandar who committed assault by the weapons. Only allegation against the applicant is of hurling the abuses and at the most inciting the co-accused. 5.

The statements of the eye witnesses are not reliable and she is falsely implicated in the offence.

6.

Learned APP submits that there are as many as five eye witnesses to the incident in question who are consistent. The applicant provoked the co-accused to commit the offence and supplied the weapons. Her involvement is apparent. 7.

The First Information Report and statements of the witnesses would attribute the presence of the applicant at the relevant time and supplying of weapon to co-accused. She is alleged to have abused the victims and incited the co-accused. Maqsood, Zahir, Zaid, Adnan and Wahid are the eye witnesses who are stating in tune with the FIR. The involvement of the applicant is evident. Though eye witness Zahir in his statement does not show presence of the applicant, the statements of other eye witnesses are consistent. The assault by weapon is attributed to Sikandar, Kalim and Samir. Except hurling abuses, no specific role is attributed to the applicant. 8.

The post-mortem report shows that death is caused due to hemorrhagic shock due to multiple stab injuries. The injuries shown in column no. 17, cannot be said to be attributed to applicant. The papers of the investigation do not show any motive for the applicant and co-accused to take drastic step of eliminating the deceased.

9.

It can be gathered from the FIR bearing CR No. 831 of 2025 registered at the instance of Kalim Khalil Shaikh that there was a rivalry between the victim and the accused. Applicant is inside the jail for sufficient time. Her further incarceration is not required.

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3 427 - 2026 10.

I, therefore, pass the following order :-

ORDER

I] The Bail Application is allowed.

II] The applicant shall be released on bail in connection with Crime No.830 of 2025, registered with Ahmedpur Police Station, District - Latur for the offences punishable under Section 103(1), 118(2), 189(2), 190, 191(2) 191(3), 351(2), 351(3), 352 of Bharatiya Nyaya Sanhita, 2023 on following conditions: (a)The applicant shall furnish P.R. bond of Rs.30,000/- (Rs. Thirty Thousand only) with one solvent surety of like amount. (b)The applicant shall not tamper with prosecution evidence or contact with the prosecution witnesses.

(c)The applicant shall furnish his mobile/cell number and address to the investigating officer.

(d) The applicant shall co-operate for expeditious disposal of the trial.

(e) The applicant shall surrender her Adhaar / PAN cards, if any, to the Investigating Officer.

( SHAILESH P. BRAHME, J.) arp/- 3/3