Imran Sheikh Gaffar Sheikh v. The State Of Maharashtra Thr Pso., Ps Tahsil, Nagpur

2026:BHC-NAG:6329 1 24 ABA 230.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [ABA] NO.230 OF 2026 [Mr. Imran Sheikh Gaffar Sheikh .vs. The State of Maharashtra] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.H. Mansuri, Advocate with Mr. Mohd. Aadil Sheikh, Mr. A.S. Qureshi and Mr. Khalik Ahmad, Advocates for Applicant.

Mr. N.R. Rode, APP for Non-Applicant.

............

CORAM : RAJNISH R. VYAS, J.

DATE : APRIL 23, 2026.

1.

Apprehending arrest, sole accused has approached this court. The First Information Report No.0135/2026 dated 11.3.2026 came to be registered against the applicant with Tahsil Police Station, District-Nagpur for commission of the offences punishable under Section 115(2), 118(2) and 352 of the Bharatiya Nyaya Sanhita, 2023. The reporter of the crime is Mohd. Irshad Mohd. Kayyum.

2.

In short, it is the case of the prosecution that the applicant has a garage adjacent to which HKGN hotel is situated which is owned by the applicant-Imran. On 10.3.2026, Imran was quarreling with unknown person. At that time, the applicant was looking somewere else and standing in front of his garage. The applicant then questioned as to why the informant was looking at him. The informant was assaulted by means of fists and blows by the applicant. The applicant, it is alleged in the first information report, went inside his hotel, brought an iron rod and by means of it caused injury to the hand of the informant. It is

2 24 ABA 230.26.odt this incident which triggered registration of the first information report.

3.

The learned counsel for the applicant has submitted that the applicant has no criminal antecedents and if the reason for quarrel is taken into consideration, it would reveal that it was of trivial nature. He further submitted that the story advanced by the complainant is exaggerated as in the supplementary statement which is observed by the Sessions Court while rejecting anticipatory bail application, it is stated by the informant that he was beaten by the wooden stick. He thus prayed for grant him anticipatory bail.

4.

The learned APP has opposed the bail application and contended that injury caused is the fracture to the hand and the weapon used is dangerous.

5.

With the assistance of the respective counsels, I have gone through the record of the case and the first information report. The informant has stated that he was assaulted by means of iron rod, whereas in supplementary statement dated 23.12.2025, he has stated that he was assaulted by the wooden stick. The nature of weapon used will determine the severity of offences and, therefore, at this stage, it can be said that the incident was not correctly narrated by the accused. 6.

The learned counsel for the applicant submits that he will surrender the weapon of crime to the investigating officer on or before 25.4.2026.

7.

In that view of the matter and considering the fact that the applicant has no criminal antecedents, the following order is passed :

3 24 ABA 230.26.odt

O R D E R

(i) In the event of arrest in connection with Crime No.0135/2026 registered with Tahsil Police Station, DistrictNagpur for commission of the offences punishable under Section 115(2), 118(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, the applicant be released on bail on furnishing a P.R. Bond of Rs.55,000/- (Rupees-Fifty Five Thousand only) with one solvent surety in the like amount.

(ii) The applicant shall attend the concerned Police Station on 25th and 26th April, 2026 between 10.00 am to 2.00 pm.

(iii) The applicant shall cooperate with the investigating agency and shall not tamper with the prosecution evidence or influence the witnesses directly or indirectly. (iv) The applicant shall not leave India without prior permission of this court.

(v) The applicant shall surrender the weapon used to the Investigating Officer and the said act of surrendering the weapon would be treated as a recovery under Section 23 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (vi) The application is disposed of.

(RAJNISH R. VYAS, J.) Gulande Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 23/04/2026 20:24:09