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Bombay High CourtBA/499/2026application allowed

Imran Majid Patel v. The State Of Maharashtra

2026-04-01Hon'Ble Shri Justice Shailesh P. Brahme3 pages

2026:BHC-AUG:13992 1 499-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 499 OF 2026 Imran S/o Majid Patel Age : 21 years, Occu : Student, R/o : Utti (Khu), Tq. & Dist. Latur ...

Applicant

VERSUS

The State of Maharashtra, Through P.S. MIDC Police Station, Latur ...

Respondent ...

Advocate for Applicant : Mr. Shaikh Zaheed Ahmed Zabi H. Rahemand and Shaikh Wajeed Ahmed A.P.P. for Respondent/State : Mr. G.O. Wattamwar

CORAM

: SHAILESH P. BRAHME, J.

DATE : 01.04.2026 ORDER :

Heard both sides.

2.

The applicant is seeking regular bail in connection with Crime No.751 of 2025, registered with MIDC Latur Police Station, Dist. Latur for the offences punishable under Section 109, 103(1), 118(2), 115(2), 189(2), 191(2), 191(3), 190, 352, 351(2), 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023. 3.

Applicant is involved in the allegations reported by Aditya on 08.10.2025 in respect of incident occurred on 07.10.2025 assaulting him and Suraj Shinde. He is alleged to have assaulted by kicks and blows. Unidentified co-accused is alleged to have assaulted by stick on the hand of the informant and another unidentified is alleged to have assaulted Suraj Shinde on his head by stick. 1/3

2 499-2026 4.

The applicant is arrested on 12.10.2025. Charge-sheet is filed on 30.12.2025.

5.

It is submitted by the applicant that fatal blow by stick was given by unidentified person. No allegation of assault by weapon is attributable to the applicant. There is no premeditation and mens rea to kill anybody. Arif Shaikh himself is the aggressor. It is submitted that co-accused Mukaram and Shahabaj are already enlarged on bail by this Court on 12.03.2026, who are the assaulters by stick.

6.

Per contra, learned APP submits that the eye witnesses are available to show involvement of the applicant. He performed active role in fetching the main perpetrators and, thereafter, inciting others to kill the victims. The injuries on the person would indicate that intention was to kill the victims. The statement under section 183 corroborates the prosecution theory. Besides that, the CCTV footage is also inculpatory.

7.

The informant is injured victim. Statement of eye witnesses Ajinkya, Shubham, Hritvik would show presence of the applicant at the relevant time. The statement under section 183 would also corroborate the same. Consistently, the applicant is seen unarmed with any weapon. He assaulted the victim by kicks and blows and incited others. The direct clinching evidence is against co-accused Mukaram and Shahabaj who assaulted the informant and Suraj by sticks. Fatal blow is given by Mukaram on head by stick. As per the post-mortem report, the death can be said to have been caused by blow given on head, which cannot be attributed to the applicant.

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3 499-2026 8.

A Co-ordinate Bench released Mukaram and Shahabaj by common order dated 12.03.2026. I find no reason to deny bail to the applicant. The trial is likely to take some time to conclude.

9.

No criminal antecedents are reported against the applicant. He is behind bar since 12.10.2025.

10.

Hence, I pass the following order :- I) The Bail Application is allowed.

II) The applicant shall be released on bail in connection with Crime No.751 of 2025, registered with MIDC Latur Police Station, Dist. Latur for the offences punishable under Section 109, 103(1), 118(2), 115(2), 189(2), 191(2), 191(3), 190, 352, 351(2), 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023, on following conditions:

(a)The applicant shall furnish P.R. bond of Rs.50,000/- (Rs. Fifty 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 the trial Court for expeditious disposal of the trial.

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