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Bombay High Court

NASIR HAJIMIYA PATHANversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Anticipatory bail was denied as the injury was grievous and the seriousness of the offence outweighed the applicant's claim.

Summary

Nasir Hajimiya Pathan filed an anticipatory bail application fearing arrest under FIR No. 591 of 2025 for assault causing injury. The FIR was initially registered under Sections 115(2), 117(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, later amended to include Section 118(2). The applicant claimed the injury was simple and he was willing to cooperate with investigators. The prosecution produced medical records showing the victim suffered grievous hurt, required hospitalization and multiple surgeries, the latest on 09/05/2026. The Court held that the seriousness of the injury outweighed any justification for anticipatory bail and dismissed the application.

Issues considered

  • Whether anticipatory bail should be granted when the alleged offence under the Bharatiya Nyaya Sanhita involves grievous hurt
  • Whether the addition of Section 118(2) BNS affects the bail consideration

Legislation cited

Subjects

  • anticipatory bail
  • grievous hurt
  • assault
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • bail jurisprudence

Judgment

                                                          13-ABA-1221-2026.doc




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION

          ANTICIPATORY BAIL APPLICATION NO. 1221 OF 2026

Nasir Hajimiya Pathan                             … Applicant
             Versus
The State of Maharashtra                          … Respondent
                          --------------------
Mr. Sohail Ahmed a/w Mr. Umar Dalvi, for the Applicant.

Ms. Supriya Kak, for the Respondent-State.
                            --------------------
                           CORAM : SANDESH D. PATIL, J.

                               DATE    : 13 th MAY, 2026.
                               (VACATION COURT)
P.C. :

1.        The present Anticipatory Bail Application is filed in connection

with the apprehension expressed by the Applicant for his arrested in

F.I.R. No.591 of 2025 dated 16/11/2025 registered with Bazarpeth,

Thane City Police Station.



2.        Learned Counsel appearing for the Applicant states that the

F.I.R. was registered initially under the provisions of Sections 115(2),

117(2), 351(2), 352 read with Section 3(5) of Bharatiya Nyaya


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Sanhita, 2023 (BNS) and subsequently Section 118(2) of BNS was

added. He submitted that there was oral altercation between the

parties. He further submits that even as per the case of the

prosecution, after the Applicant assaulted the victim he fell into the pit

and therefore, the injury was caused. He submits that going by the case

of the complainant as it is, the injury was simple in nature and that he

has not caused any grievous hurt to the victim. He submits that he is

available for investigation and that his arrest is not necessary. He

submits that he is ready to co-operate with the Investigating Agency.



3.        Learned A.P.P. on the other hand states that, initially the offence

was not registered under Section 118(2) of BNS however, subsequently

the said provisions were added.



4.        I have perused the file which the learned A.P.P. had tendered

across the bar. It is evident that the victim was hospitalized initially in

the J. J. Hospital, Mumbai, it appears from medical records that

surgery was performed. Thereafter, another surgery was performed at



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a private hospital. The medical record fortifies the contention of

learned A.P.P. It appears that there is a grievous injury which is caused

to the victim as a result of which the victim had to undergo surgery.

Learned A.P.P. submitted that the victim was operated lastly on

09/05/2026 i.e. this month itself. She further submitted that this is not

a case for grant of anticipatory bail.



5.        After having heard both the parties, it is clear that the assault

which is caused to the victim is grievous in nature. The victim had to

be hospitalized initially in the J. J. Hospital, Mumbai and later on in

the private hospital. The victim was operated. The medical papers

show that the injury is very serious in nature and that although the

incident had occurred on 15/11/2025 yet the operation had taken

place few days ago i.e. on 09/05/2026. This itself shows the gravity of

the injury.



6.        Having perused the aforesaid papers and having heard the

learned Counsel appearing for both the parties, there is no merit in the



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present Application filed by the Applicant. Since the injury is serious in

nature. In this premise, I find no merits in the case of the Applicant,

hence the Application is rejected.



7.        Accordingly, Anticipatory Bail Application 1221 of 2026 is

disposed of.




                                           (SANDESH D. PATIL, J.)




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