Arshad Qayyum Khan v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 525 OF 2026 Arshad Qayyum Khan ...Applicant versus The State of Maharashtra

...Respondent

_________________________________________________________________ Mr. Marmik Shah along with Mr. Mayuresh Deshmukh,Advocate for Applicant.

Mr. S. R. Agarkar, APP for Respondent-State. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 10th APRIL, 2026.

P.C. :

1.

By this application, the applicant is seeking regular bail in Crime No. 268 of 2025 registered with Indira Nagar Police Station, District Nashik, for the offences punishable under Section 109(1) of the Bharatiya Nyaya Sanhita, 2023.

2.

It is prosecution's case that on 23rd August 2025, around 10:00 am., the applicant assaulted the first informant i.e. his wife, with a hammer on the head and tried to smother her with the intention to kill SHUBHADA SHANKAR KADAM her.

SHUBHADA SHANKAR KADAM Date: 2026.04.15 19:58:09 +0530 3.

It is contention of learned counsel for the applicant that the first informant was immediately discharged from the hospital within two

days. The applicant is behind bars for more than nine months. The investigation is completed and the charge sheet has been filed. It may take time to conclude the trial and requested to allow the application. 4.

It is contention of learned APP that the applicant assaulted the first informant with a hammer on the head and thereafter tried to smother her. If the applicant is released on bail, he may threaten the prosecution witnesses.

5.

I have heard both learned counsel, perused charge- sheet and documents produced on record. The applicant has no antecedents. The applicant is behind bars for nine months. There is no progress in the trial. The investigation is complete and the charge sheet has been filed. It may take time to conclude the trial. Considering these facts, I pass following order:

ORDER

(i) The applicant be enlarged on bail in Crime No. 268 of 2025 registered with Indira Nagar Police Station, District Nashik, on executing P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

(ii) The applicant shall attend the concerned police station as and when required.

(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

The application is allowed in the aforesaid terms and is accordingly disposed of.

6.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

7.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)