Bombay High Court
MUKTSIM ISLAHUDDIN BAIGversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- ANTICIPATORY BAIL GRANTED
Holding
Anticipatory bail is granted to the applicant subject to a Rs.25,000 surety bond and conditions of cooperation and non‑interference with witnesses.
Summary
Muktsim Isluhaddin Baig applied for anticipatory bail in a case where he was alleged to have held the victim’s hands during an assault involving a bamboo stick and knife. The FIR charges him under several sections of the Bharatiya Nyaya Sahnita, 2023 and the Maharashtra Police Act, 1951, but the prosecution’s evidence attributes the actual weapon attack to other accused. The applicant has no prior criminal record and has complied with an interim protection order by attending the police station. The court noted that a co‑accused had already been granted anticipatory bail and that the investigation was nearly complete with no recovery required from the applicant. Considering his limited role, cooperation, and the pending investigation, the court confirmed anticipatory bail with conditions of a surety bond, attendance at the police station, and non‑interference with witnesses.
Issues considered
- What is the applicant’s role in the alleged assault and does it justify granting anticipatory bail?
- Whether the near‑completion of investigation and grant of bail to co‑accused affect the applicant’s entitlement to anticipatory bail?
Legislation cited
- Maharashtra Police Act, 1951 — s. 135, 37(1)(a)
Subjects
- anticipatory bail
- assault
- weapon
- co‑accused
- investigation
- bail conditions
- criminal procedure
Judgment
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Digitally
signed by
KANCHAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN VINOD
VINOD MAYEKAR
MAYEKAR Date:
2026.09.11
19:44:12
+0530
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 13/2026
MUKTSIM ISLAHUDDIN BAIG ….. APPLICANT
VS
THE STATE OF MAHARASHTRA ….. RESPONDENT
Adv. Anand Mishra i/b. Adv. A. M. Saraogi for the Applicant.
Ms. Megha S. Bajoria, APP for the Respondent – State.
Mr. Rasal, PSI, Kurar Police Station, Mumbai present.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 10TH SEPTEMBER, 2026
P.C. :-
1) Heard learned counsel for the applicant as well as learned
APP for the respondent – State.
2) The applicant has filed the instant application seeking
pre-arrest bail in connection with Crime No. 0829 of 2025 registered
with Kurar Village Police Station, Malad (East), Mumbai for the
offence punishable under Sections 115(2), 118(1), 352, 351(2) and
3(5) of the Bharatiya Nyaya Sahnita, 2023 and Sections 135 and
37(1)(a) of the Maharashtra Police Act, 1951.
3) The FIR is registered on the basis of the report lodged by
the complainant alleging that on 24 th October, 2025, on account of
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certain previous disputes with the complainant’s family, the applicant
and the other accused persons have assaulted the First Informant by
the bamboo stick and knife. It is alleged that due to the said assault,
the First Informant has sustained grievous injuries. The offence came
to be registered against total four accused persons including this
applicant who is arraigned as accused no.2.
4) Learned counsel for the applicant submits that the main
allegation of assault by use of weapon is against other accused persons
and the only role attributed to this applicant is his presence and
holding the hands of the victim. He submits that only because of this
alleged role, the offence is registered against this applicant. He states
that there are no criminal antecedents against this applicant.
5) Apart from this, he submits that the other accused
persons have been granted bail including accused no.3 Abubuzaifa
Makalu Beg @ Bablu, who has been granted anticipatory bail by this
Court by an order dated 13th January, 2026 in Anticipatory Bail
Application No. 61 of 2026. He submits that the investigation is
almost complete and considering the grant of bail to the accused no.3,
the applicant be also granted anticipatory bail. Learned counsel for
the applicant submits that the applicant has been granted interim
protection by order dated 15th June, 2026 and accordingly, he has
attended the police station. He, therefore, prays for confirmation of
the interim protection.
6) The application is opposed by the learned APP, who has
pointed out the specific allegations in FIR against each of the accused
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persons. She submits that there are allegations about presence of this
applicant, who has caught hold of the victim, who was lateron
assaulted. However, there is no dispute about the fact that the
accused no.3 has been granted anticipatory bail by this Court. She
also states that the investigation is on the verge of completion.
Learned APP submits that there is no dispute that the applicant has
attended the police station in accordance with the interim order.
7) Perused the FIR and the documents placed on record.
8) The role attributed to this applicant as seen from the
allegations in the FIR is about holding the victim. There are no
allegations of any attack by this applicant. Further it is crucial to note
that the accused no.3 has been granted anticipatory bail by this Court
by order dated 13th January, 2026, as referred above. Since the
investigation is almost complete and there is no question of recovery
against this applicant, the custodial interrogation of this applicant
need not be insisted upon.
9) Further considering the fact that the applicant has
extended co-operation in accordance with the interim protection
order, the same needs to be confirmed subject to certain conditions.
Hence, I pass the following order :-
ORDER
(a) Anticipatory bail application is allowed.
(b) In the event of arrest of this applicant in Crime
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No.0829 of 2025 registered with Kurar Village Police
Station, Malad (East), Mumbai for the offence under
Sections 115(2), 118(1), 352, 351(2) and 3(5) of the
Bharatiya Nyaya Sahnita, 2023 and Sections 135 and
37(1)(a) of the Maharashtra Police Act, 1951, he be
released on bail on furnishing P.R. Bond of Rs.25,000/-
with one solvent surety in the like amount.
(c) The applicant is directed to attend the police station
as and when called upon.
(d) The applicant shall not in any manner pressurize
any of the prosecution witnesses and shall extend co-
operation during investigation in trial.
10) Anticipatory bail application is allowed and disposed of in above
terms.
[PRAFULLA S. KHUBALKAR, J.]
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