Afzal Shaikh v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 534 OF 2026 Afzal Shaikh ...Applicant V/s.

The State of Maharashtra

...Respondent.

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

Mr. Prathamesh R. Salve a/w. Mr. Chetan Muley for the Applicant. Mr. V.N. Sagare, APP for the Respondent/State. PI L.M. Kanse, PSI D. S. Pawase and API S.R. Badak, RCF Police Station are present.

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CORAM

:

N.R. BORKAR, J.

DATE :

05.03.2026.

P.C. :

1.

This is an application for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 662 of 2025 registered at RCF Police Station for the offence punishable under Section 109 of the Bharatiya Nyaya Sanhita, 2023. 3.

It is the case of the prosecution that on the date of incident which took place on 27th December 2025, on account of a previous dispute, the present applicant assaulted the son of the first informant with a stick on his head and thereby attempted to commit his murder.

4.

I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State. 1/3

5.

Learned counsel for the applicant submits that the incident was not premeditated. It is submitted that the 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. It is submitted that the applicant has assaulted the son of the first informant by stick. It is further submitted that the applicant is involved in two more crime.

7.

I have perused the first information report. Prima facie, the incident does not appear to be premeditated. In that view of the matter, I am inclined to release the applicant on anticipatory bail on certain conditions. In the result, the following order is passed.

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicant in C.R. No. 662 of 2025 registered at RCF Police Station for the offence punishable under Section 109 of the Bharatiya Nyaya Sanhita, 2023, he be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one surety or two sureties in the like amount.

C) Till conclusion of trial, the applicant shall not enter into the limits of Mumbai city, except to attend the dates before the trial Courts and if called for the purpose of investigation. 2/3

D] The applicant shall not commit any other crime. E] Liberty is granted to the prosecution to file an application for cancellation of anticipatory bail, if the applicant commits breach of any of the conditions. [N.R.BORKAR, J.] 3/3