Mohammad Sohail S/O Mohammad Shakir v. State Of Maharashtra Thr Pso., Ps Ganeshpeth Dist. Nagpur

1 910-ABA 35-26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.35 OF 2026 Mohammed Shahi Shaikh @ Istiyakh Shaikh ... Applicant V/s.

The Sr. Police Inspector, Meghwadi Police Station & Anr.

... Respondents ----- Mr. Mateen Shaikh a/w Arshad Shaikh, Razique Shiakh, Jammu Shaikh, Imran Shaikh, Muskan Shaikh for the Applicant. Mr. S. R. Agarkar, APP for the Respondent-State. PSI Manoj Bhosale, IO, PSI Ghadage, Pairavi, Meghwadi PS are present. ----- CORAM :

N.R. BORKAR, J.

DATE :

09TH JANUARY 2026 P.C. :

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2026.01.12 19:28:22 +0530 MUGDHA MANOJ PARANJAPE 1.

This is an Application for anticipatory bail. 2.

The Applicant is apprehending his arrest in Crime No.627 of 2025 registered with Meghwadi Police Station for the offences punishable under Sections 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

It is the case of the prosecution that on the date of incident, which took place on 12th November 2025, at around 9.00 p.m., on account of some financial dispute, the present Applicant along with other co-accused assaulted the first informant by some sharp weapon and attempted to commit his murder.

2 910-ABA 35-26.doc 4.

I have heard Learned Counsel for the Applicant and Learned APP for the Respondent-State.

5.

Learned Counsel for the Applicant submits that the Applicant has nothing to do with the alleged crime. It is submitted that the allegations of assault by sharp weapon are against co-accused Sheru. It is submitted that there is a cross FIR in relation to the alleged incident. The Learned Counsel submits that there are no other criminal antecedents against the present Applicant. It is submitted that the present Applicant is ready and willing to cooperate in the investigation.

6.

On the other hand, Learned APP for the Respondent-State submits that the Applicant is involved in serious crime of attempt to murder. It is submitted that the present Applicant has also assaulted the first informant by kick blows. It is submitted that considering the nature of crime, the Applicant may not be released on anticipatory bail. 7.

I have perused the FIR. The main allegations are against the coaccused Sheru, who is already arrested. There are no other criminal antecedents against the present Applicant. Considering the overall facts and circumstances of the case, I am inclined to release the Applicant on anticipatory bail. Hence, the following order:-

ORDER

i.

The Anticipatory Bail Application is allowed. ii.

In the event of the arrest of the Applicant in Crime No.627 of 2025 registered with Meghwadi Police Station for the offences

3 910-ABA 35-26.doc punishable under Sections 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount. iii. The Applicant shall attend the concerned Police Station as and when called for by the investigating officer and shall cooperate in the investigation. 8.

The Anticipatory Bail Application is disposed of in the aforesaid terms.

(N.R. BORKAR, J.)