UMER MOIN QURESHI AND ORSversusTHE STATE OF MAHARASHTRA

                                                   33-ABA-1606-2026.ODT




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION
       ANTICIPATORY BAIL APPLICATION NO. 1606 OF 2026
Mr. Umer Moin Qureshi And Ors.                         …Applicants
      Versus
The State of Maharashtra                               …Respondent


Adv. Karim Pathan a/w Shaan Illahi Turky, Adv. Fazal Shaikh a/w
      Adv. Shoeb Sheikh, Kehkasha Sehgal for Applicants.
Mr. B. V. Holambe-Patil, for the Respondent – State.

Adv. Ashish Jagtap, a/w Adv. Bhanudas Jagtap for the Respondent
      no. 2.
PSI Janardan Shinde, Malvani Police Station, Mumbai, is present.


                     CORAM :           PRAFULLA S. KHUBALKAR, J.
                     DATE         :     16th SEPTEMBER 2026
PC:-

1.     Heard learned counsel for applicants as well as learned
APP for the Respondent - State.


2.     The applicants have filed instant application under
Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for
short, “BNSS”) seeking pre-arrest bail in Crime No. 246 of 2026
dated 20.02.2026, registered with Malvani Police Station,
Brihanmumbai, for the offence punishable under Section
117(2), 115(2) read with 3(5) of Bharatiya Nyaya Sanhita,
2023 (for short, “BNS”).




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3.    Learned counsel for applicants submits that on the report
of the complainant initially, the First Information Report (for
short, “FIR”) was registered for offences which were bailable in
nature and the applicants were released on bail. It is submitted
that after investigation progressed, the non-bailable offences
were added and therefore the applicants had approached to the
Sessions Court seeking anticipatory bail. As the application was
rejected, now the applicants have filed the instant application.



4.    The FIR is registered on the basis of a report lodged by the
complainant alleging that on 20.02.2026 at about 12.10 a.m,
the informant had asked the injured Sajeed Ansari about solving
the problem of foul smell on account of the Chinese Centre and
at that time, when the informant was taking the photographs of
the stall and the water, the accused persons came there and
started quarrel. It is alleged that at that time, the applicants
assaulted the informant with fist blows and caused injury to left
leg of the informant. On the basis of these allegations, the FIR
came to be registered against these applicants.


5.    Learned counsel for applicants submits that in view of the
allegations in the FIR, it is clear that there is no use of any
weapon by anybody and even according to the version of the
complainant the injuries are sustained on account of fists and
blows only. He also states that there are no criminal antecedents
as against the applicants.




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6.    He submitted that after considering the allegations in the
FIR and the contentions canvassed, this Court has granted
interim protection in favor of the applicants by order dated
23.06.2026 and accordingly, the applicants have attended the
police station. He therefore submits that the applicants have not
misused the liberty and the interim protection be confirmed.

7.    Learned APP submits that during investigation, it is
revealed that a weapon was used by some of the accused
persons as seen from CCTV footage and therefore new offence is
added. He submitted that the investigation is in progress and
the accused persons are required to extend cooperation.


8.    Perused the FIR and the documents placed on record. It
has to be seen that there is no allegation about use of any
weapon by these applicants. Pertinent to note that the injuries
sustained by the complainant are on account of fists and blows
only. Also, there are no criminal antecedents against these
applicants. Although the learned APP has submitted that a
weapon was used by some accused persons as seen in the CCTV
footage, at this stage there is nothing to show that these
applicants have used any weapon. It is also surprising to see that
there is no allegation of use of any weapon in the FIR.


9.    It is crucial to note that considering the nature of offence,
this court has earlier granted interim protection to these
applicants by order dated 23.06.2026 and there is nothing to
show that these applicants have misused the liberty. As such, the



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interim protection needs to be confirmed subject to the
condition that the applicants shall extend cooperation during
investigation and trial and shall attend the investigating agency
as and when called upon.


10.         In view of the above, the interim protection granted by
this court by order dated 23.06.2026 stands confirmed. The
instant application for Anticipatory Bail is allowed.



                                          (PRAFULLA S. KHUBALKAR, J.)
VDMokal/-




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