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Bombay High Court

SHAIBAZ MOHAMMAD KHALIK KHANversusSTATE OF MAHARASHTRA

Decided
Disposal
ANTICIPATORY BAIL GRANTED

Holding

The Court allowed anticipatory bail, confirming interim protection with the modified condition of police‑station attendance as and when called.

Summary

The applicant sought anticipatory bail under Section 482 of the Bhartiya Nyaya Suraksha Sanhita, 2023, fearing arrest in FIR No.215 of 2026 for offences under Sections 118(2), 115(2), 324, 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The FIR alleged that water from the complainant's car tyre splashed on the accused, leading to a quarrel in which a co‑accused assaulted the complainant with a wooden bamboo; the applicant was accused as No.2 but no weapon use by him was alleged. The applicant argued that the investigation was complete, the injured party discharged, charge‑sheet filed against other accused who were already on regular bail, and that he had no criminal antecedents. The State opposed, citing the FIR’s allegations against each accused. The Court noted the completion of investigation, bail granted to co‑accused, and the applicant’s compliance with an interim protection order, and therefore confirmed the interim protection with a modified condition that the applicant attend the police station as and when called. The anticipatory bail application was allowed and the matter disposed.

Issues considered

  • Whether anticipatory bail should be granted to the applicant under Section 482 of the Bhartiya Nyaya Suraksha Sanhita, 2023 given the facts of the FIR.
  • Whether the conditions of the interim protection order can be modified to require attendance at the police station as and when called.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • interim protection order
  • bail conditions
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • investigation complete
  • co‑accused bail

Judgment

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        vai

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VASANT                               CRIMINAL APPELLATE JURISDICTION
ANANDRAO
IDHOL
                                ANTICIPATORY BAIL APPLICATION NO.1498 OF 2026
Digitally signed by
VASANT
ANANDRAO
IDHOL
Date: 2026.09.24      Shaibaz Mohammad Khalik Khan                           ...Applicant
19:44:16 +0530
                                 V/s.
                      State of Maharashtra                                   ...Respondent


                      Mr.Taraq Sayed for the Applicant.

                      Mr.Bapu V. Holambe Patil, APP for the Respondent – State.

                      Mr.G.P. Waikar, PSI, Byculla Police Station is present in Court.

                                        CORAM : PRAFULLA S. KHUBALKAR, J.
                                        DATE : 24TH SEPTEMBER, 2026.
                      P.C. :-

                      1.           Heard learned counsel for applicant as well as learned APP

                      for respondent-state.

                      2.           The applicant is apprehending arrest in Crime Register

                      No.215 of 2026, registered with Byculla Police Station, for the

                      offences punishable under Sections 118(2), 115(2), 324, 352, 351(2)

                      read with 3(5) of the Bhartiya Nyaya Sanhita,2023 and hence the

                      applicant has filed instant application under Section 482 Bhartiya



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Nyaya Surksha Sanhita, 2023.

3.         The FIR is registered on the basis of the report lodged by

the complainant alleging that on 18 th April, 2026 at about 9:00 p.m.

when the informant was going by his motor car, water from the car

tyre splashed over the accused persons and on account of that there

was a quarrel in which the co-accused Soheb assaulted the informant

by Wooden bamboo. On the basis of the allegations about the

incidence, instant FIR came to be registered against four persons

including this applicant, who is arraigned as accused no.2.

4.         Learned counsel for applicant submits that there is no

allegation of attack by this applicant by use of any weapon. Apart from

this he points out that the applicant is accused No. 2 in the crime and

the other accused persons are already released on regular bail by the

learned Sessions Court. It is submitted that the investigation of the

crime is already complete, the injured person is already discharged

and the charge-sheet is filed against the other accused persons. It is

submitted there are no criminal antecedents and even the role

attributed to this applicant is not serious as compared to the role

attributed to the other accused persons. The applicant has also

expressed readiness to co-operate with the investigating agency. It is

also submitted that in accordance with the interim protection order,

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the applicant has attended the Police Station and therefore the interim

protection be confirmed.

5.         Although the application is opposed by learned APP by

pointing out that there are allegations in the FIR regarding role of

each of the accused persons, it is not disputed that the charge-sheet is

already filed against other accused persons. It is also not disputed that

in accordance with the interim protection order, this applicant has

attended the Police Station.

6.         Considering the fact that the investigation is complete and

the bail has been granted to other co-accused persons and further

considering the fact that the applicant has attended the Police Station

in accordance with the interim protection order, the interim protection

is confirmed with modification of the condition of the attendance of

the Police Station and it is directed that the applicant shall attend the

Police Station as and when called upon.

7.         The anticipatory bail application is allowed and disposed

of.



                                        (PRAFULLA S. KHUBALKAR, J.)




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