Hussain Nabiullah Shah v. State Of Maharashtra

WAKLE MANOJ JANARDHAN WAKLE MANOJ JANARDHAN Date: 2026.05.26 18:48:25 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.4815 OF 2025 Alkasim @ Nawab Sajid Siddiqui .... Applicant Vs.

State of Maharashtra .... Respondent WITH INTERIM APPLICATION NO.280 OF 2026 IN CRIMINAL BAIL APPLICATION NO.4815 OF 2025 Mr. Hussain Nabiullah Shah .... Intervener

IN THE MATTER BETWEEN :-

Alkasim @ Nawab Sajid Siddiqui .... Applicant Vs.

State of Maharashtra .... Respondent Adv. Aditya Parmar a/w Adv. Abdul Wahab Shaikh, for the Applicant. Mr. S. R. Agarkar, APP for the Respondent-State. CORAM : SHYAM C. CHANDAK, J.

DATED : 25th MAY, 2026 (VACATION COURT) P.C. :- .

Present Application seeking release of the Applicant on bail in connection with C.R. No.1709 of 2025 registered with Mumbra Police Station under Sections 109, 115(2), 352, 351(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2) First informant Husain Nabiulah Shah has filed the aforesaid Interim Application No.280 of 2026 to intervene in this Bail Application. However, none appeared for the first informant. 1/4

3) Hence, heard Mr. Parmar, learned Counsel for the Applicant & Mr.Agarkar, learned APP for the Respondent-State. 4) The prosecution case is that, on 26.10.2025 at about 17:00 hours while the first informant/victim was cleaning his vehicle, the Applicant and his co-accused namely Chhotu @ Salim and Amir came there. Co-accused Chhotu @ Salim and Amir caught hold of the hands of the informant from his behind and the Applicant assaulted the informant over his neck by means of a knife and caused him serious injury. On the report filed by the informant, the aforesaid crime came to be registered. During the course of investigation, the Applicant and his co-accused were arrested. The Applicant's Application seeking bail was rejected by the Sessions Court. Hence, this Application.

5) Mr. Parmar, learned Counsel for the Applicant submitted that, the injury sustained by the victim is simple in nature. Except one criminal case, the Applicant has no other antecedent. The Applicant is permanent resident of the given address and he is not likely to abscond. Applicant had preferred the Bail Application before the Sessions Court after filing of the charge-sheet. However, the bail was refused. Therefore, the Applicant may be released on bail.

6) The learned APP opposed the Application on the premise that serious offence is committed by the Applicant. The antecedent of the Applicant indicates that he is not a law abiding person. Therefore, bail may be refused.

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7) I have considered rival submissions. It is the matter of record that since the charge-sheet is filed, the detention of the Applicant is not required for further investigation. The injury certificate mentions that the injuries suffered by the informant are simple. There is no possibility of the present crime escalating to a higher offence. The Applicant is permanent resident of the given address and he is not likely to abscond. No doubt, previously, one crime was registered against the Applicant for the offence under Section 324 of the I.P.C. but, Mr parmar submits that, in that case the Applicant is on bail. There is no apprehension that the Applicant is likely to tamper with the prosecution evidence in any manner and abscond. The trial will take it's own time. The co-accused have been granted bail by the trial Court, who have been roped in the crime by virtue of sharing the common intention.

8) In view thereof, the Applicant deserves to be released on bail but subject to certain conditions. Hence, following Order :- (a) The Applicant Alkasim @ Nawab Sajid Siddiqui shall be released on bail in connection with C.R. No.1709 of 2025 registered with Mumbra Police Station under Sections 109, 115(2), 352, 351(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 on his executing P.R. bond in the sum of Rs.50,000/- with one or two sureties in the like amount.

(b) The Applicant shall report to Mumbra Police Station, on 1st and 16th day of each calendar month between 10:00 a.m. to 02:00 p.m. until further Orders.

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(c) The Applicant shall attend before the trial Court on each and every date, unless exempted by the trial Court, for reasons to be recorded in writing.

(d) The Applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence the prosecution witnesses to prevent them from deposing against him.

(e) Before his release from jail, the Applicant shall provide his contact number and the detailed residential address where he would stay and contact number of one of his close relative who can be contacted if required by the police, till the trial in the case is over.

(f) The Applicant shall not commit any offence.

(g) If the Applicant disobeys any of the above conditions, the bail granted herein shall stand cancelled without further reference to this Court or the trial Court.

9) The Bail Application is disposed of.

10) Since the informant - Mr. Hussain Nabiullah Shah is absent, Interim Application No.280 of 2026 stands disposed of. (SHYAM C. CHANDAK, J.) 4/4