Alam Anees Shaikh And Another v. The State Of Maharashtra

2026:BHC-AUG:22681 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 955 BAIL APPLICATION NO. 1012 OF 2026

1. ALAM S/O. ANEES SHAIKH

2. SYED SAMEER AHEMAD S/O. SYED SAMI AHEMAD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants: Mr. Prashant Prabhakar Giri APP for Respondent/State: Mr. S. A. Gaikwad ...

CORAM : SACHIN S. DESHMUKH, J.

Date : 10.06.2026 ORDER :- 1.

The applicants have approached this Court seeking regular bail in connection with FIR dated 30.01.2026 bearing Crime No. 0036 of 2026 registered with Sengaon Police Station, Taluka Sengaon, District Hingoli for the offences punishable under Sections 303(2), 3(5) of Bhartiya Nyaya Sanhita, 2023.

2.

The case of the prosecution is that the Informant, Rajkumar Raosaheb Dhawale, is an agriculturist, lodged a report against unknown persons. As per report, he owns agricultural land bearing Gut No.27 admeasuring 1 Hectare 58 R situated on Mouje Uti Brahmachari to Sakharar Road. Near the road adjacent to his field, there is an Akhada

-2where he used to keep his cattle consisting of two oxen, one cow and one calf, collectively valued at about Rs.1,00,000/-. On 29.08.2009, when the informant visited the spot, found that all the cattle were missing. Thereafter, he searched for them with the held of his relatives, but they could not be traced. Consequently, lodged the present report. 3.

The learned counsel for the applicants submits that the applicants are falsely implicated in the crime on account of drive carried out by the Investigating Officer. Till 14.05.2026, there were no antecedents against the applicants and only upon their arrest, similar false cases have been registered against them. The necessary recovery is carried out and the investigation is almost complete. As such, further custody of the applicants is not required. Hence, prayed to allow the application.

4.

The learned APP has opposed the application submitting that the applicants have criminal antecedents of similar nature and investigation is under progress. As such, expressed an apprehension that if the applicants are released on bail, they may commit an offence of similar nature.

5.

Having heard the submissions from both the sides and on

-3perusal of the record indicates that the applicants are young men. The other offences of similar nature against the applicants are under investigation while the applicants are enlarged on bail in relation to other offences.

6.

In the instant case, the FIR was initially lodged against the unknown persons and there is nothing on record to link the applicants to the crime. Moreover, the offence levelled against the applicants is punishable up to 3 years only. Considering that the necessary recovery is carried out, further detention of the applicant serves no investigative purpose. As such, this court is of the opinion that the applicants can be enlarged on bail.

7.

As far as apprehension expressed by the learned APP is concerned, the same can adequately taken care by imposing stringent conditions. Hence following order :-

ORDER

(I) Application is allowed.

(II) Applicants - ALAM S/O. ANEES SHAIKH, SYED SAMEER AHEMAD S/O. SYED SAMI AHEMAD be released on regular bail on furnishing P.R. bond of Rs. 50,000/- (Fifty Thousand Only) each with one or two local solvent

-4sureties in the like amount each, in connection with Crime No. 0036 of 2026 registered with Sengaon Police Station, Taluka Sengaon, District Hingoli for the offences punishable under Sections 303(2), 3(5) of Bhartiya Nyaya Sanhita, 2023, on the following conditions :- (a) The applicants shall attend each and every date of the Trial Court unless exempted by the Trial Court. (b) The Applicants shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.

(c) The applicants shall submit his Aadhar and Pan Card to the Investigation Officer and detailed addresses and phone numbers of applicants and two of the near relatives.

(d) The applicants shall not in any manner directly or indirectly engaged into similar kind of offence. (e) The applicants shall attend the concerned Police Station every Monday between 11:00 a.m. to 01:00 p.m. till the filing of the charge-sheet.

(f) In case of breach of any of the conditions by the applicants, it is open for the Prosecution to move this Court seeking cancellation of bail.

(III) Needless to states that the observations rendered herein

-5are to the extent of this application and the trial court shall not be influenced by the same.

(SACHIN S. DESHMUKH, J.) marathe