Mohd. Ekhtesham Moh. Aslam (As Per Fir) Mohd. Mehtab Mohd. Aslam Siddiqui And ANR. v. The State Of Maharashtra Thr Pso Ps Pachpawli Dist Nagpur

1 1) ABA 326-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 326 OF 2026 MOHD. EKHTESHAM MOH. ASLAM (AS PER FIR) MOHD. MEHTAB MOHD. ASLAM SIDDIQUI AND ANR. VS STATE OF MAHARASHTRA Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri R.B.Gaikwad, Advocate for applicants.

Shri N.R.Rode, APP for respondent/State.

CORAM: RAJNISH R. VYAS, J.

DATED : 24th APRIL, 2026.

This is an application for grant of anticipatory bail.

2.

Apprehending arrest, the applicants have preferred this application for the grant of anticipatory bail in connection with First Information Report No. 137/2026, dated 03/03/2026, registered with Police Station Pachpawali, Nagpur for the offence punishable under Sections 115(2), 118(2), 189(2), 191(2), 191(3), 296 and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS').

3.

The FIR is lodged in all against the six accused. According to the learned counsel for the applicants, the names of accused are incorrectly mentioned in the FIR. 4.

In short, it is alleged in the FIR that, the Nagpur Municipal Corporation had undertaken some development work of the drainage system. The work was going on near the house of informant. On 02/03/2026, a quarrel took

2 1) ABA 326-2026.odt place on the count of putting water pipe in the drainage, in which, accused persons assaulted by means of fists and blows. The learned counsel for the applicants submits that neither any weapon was used nor was the quarrel premeditated. He submitted that, even the accused party had lodged the FIR regarding the same incident. According to him, none of the applicants has any criminal antecedents.

5.

The learned APP for the State has prayed for time to file reply and opposed prayer for grant of ad-interim bail.

6.

Considering the fact that, the quarrel took place for a trivial reason and no weapon was used, I am inclined to grant ad-interim anticipatory bail to the applicants till next date. Hence, the following order:-

ORDER

i) Issue notice to the respondent, returnable 30/04/2026. ii) The learned APP waives notice for the respondent/ State.

iii) In the event of arrest, in connection with Crime No. 137/2026, dated 03/03/2026, registered with Police Station Pachpawali, Nagpur for the offence punishable under Sections 115(2), 118(2), 189(2), 191(2), 191(3), 296 and 351(3) of the Bharatiya Nyaya Sanhita, 2023, the applicants be released on ad-interim bail on furnishing P.R. bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety in the like amount.

3 1) ABA 326-2026.odt iv) The applicants shall attend the concerned Police Station on 27th and 28th April, 2026 between 12.00 p.m. to 02.00 p.m.

v) The applicants shall cooperate with the investigating agency and shall not tamper with the prosecution evidence or influence the witnesses directly or indirectly. vi) The applicants shall not leave the India without prior permission of the Court.

(RAJNISH R. VYAS, J.) Khapekar Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 24/04/2026 20:39:30