Vipulbhai Ramnikbhai Rakholiya v. The State Of Maharashtra
2026:BHC-NAG:994 1 70 aba07.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [ABA] NO. 07 OF 2026 IMRANULLAH KHAN AMANULLAH KHAN AND ANOTHER
VERSUS
STATE OF MAH., THRU. P.S.O., P.S., ANJANGAON SURJI, DIST. AMRAVATI ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Mir Nagman Ali, Advocate for the applicants. Mr. Nitin S. Autkar, A.P.P. for the non-applicant/State CORAM : M. W. CHANDWANI, J.
DATE : JANUARY 21, 2026.
1.
Heard the learned counsel appearing for the applicant and the learned A.P.P. for the State. 2.
The applicant is apprehending his arrest in connection with Crime No. 582/2025 registered with Police Station, Anjangaon, Dist. Amravati for the offences punishable under Sections 3(5), 352, 351(2), 109(1) of the Bhartiya Nyaya Sanhita, 2023.
3.
The FIR reveals that there was a dispute between the family of the applicant and the family of the complainant on account of throwing garbage in front of the house of the complainant. The alleged incident took place all of a sudden, wherein applicant no.2 assaulted the complainant and applicant no.1 assaulted the husband of the complainant by means of stick.
4.
The learned counsel for the applicant submitted that due to the assault only simple injuries are sustained by the complainant. He submitted that the applicants are ready
2 70 aba07.26.odt to abide by the conditions imposed by the Court and cooperate with the investigating agency.
5.
Learned APP objected the application on the ground that applicant no.1 assaulted the husband of the complainant on his head and back due to which he fainted on the spot and sustained internal injuries. He was admitted in the hospital for about 28 days. Therefore, according to the learned APP, both the applicants have played an active role in the offence and prayed for rejection of the application.
6.
Perusal of the case diary reveals that the vital blow on the head of the husband of the complainant is attributed to applicant no.1. The case diary further reveals that he was critically ill and was admitted in the hospital for almost 28 days. The sticks used in the crime are yet to be recovered. Considering the parts of the body on which applicant no.1 assaulted the husband of the complainant, no case is made out for grant of anticipatory bail to applicant no.1.
7.
Insofar as applicant no.2 is concerned, it is revealed that applicant no.2 did not assault the husband of the complainant. The role attributed to her is assaulting the complainant which is not on vital parts of the body and the injuries caused are simple in nature.
8.
Considering these aspects, more particularly the fact that applicant no.2 is a woman, a case is made out for grant of anticipatory bail to applicant no.2 9.
Accordingly, the application is partly allowed.
3 70 aba07.26.odt 10.
The application of applicant no.1 for grant of anticipatory bail is rejected.
11.
The application of applicant no.2 for grant of anticipatory bail is allowed.
12.
In the event of arrest of applicant no.2 - Ruquaiya Ruksar Iranullah Khan @ Ruksana Bano Imran Pathan in connection with Crime No. 582/2025 registered with Police Station, Anjangaon, Dist. Amravati for the offence punishable under Sections 3(5), 352, 351(2), 109(1) of the Bhartiya Nyaya Sanhita, 2023, she be released on bail on furnishing a PR bond of Rs.25,000/- (Rupees Twenty Five thousand only) with one solvent surety in the like amount.
13.
The applicant shall attend Police Station, Anjangaon, Dist. Amravati on 27th & 30th January, 2026 between 10.00 am and 12.00 pm and cooperate with the investigation.
14.
Applicant no.2 shall neither pressurize the prosecution witnesses nor tamper with the prosecution evidence in any manner.
15.
Presence of applicant no.2 before the Investigating Officer be treated as custody within the meaning of Section 23 of the Bhartiya Sakshya Adhiniyan, 2023. 16.
The application stands disposed of in the aforesaid terms.
4 70 aba07.26.odt ( M.W.Chandwani, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 21/01/2026 19:35:04