AZAM IQBAL KHAN AND ORSversusSTATE OF MAHARASHTRA

                                                     911-ABA-1632-2026.ODT




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION
        ANTICIPATORY BAIL APPLICATION NO. 1632 OF 2026
Azam Iqbal Khan And Ors.                                 …Applicants
      Versus
The State of Maharashtra                                 …Respondent


Adv. Bharat K. Manghoni i/b G. J. Jain, for the Applicant.
Mr. Bapu V. Holambe-Patil, A.P. P., for the Respondent – State.
PSI Sachin Desai, Shanti Nagar Police Station, Thane is present.


                      CORAM :            PRAFULLA S. KHUBALKAR, J.
                      DATE           :    2ND SEPTEMBER 2026
P.C:-

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

APP for respondent – State.

2.      The applicant has filed instant application under Section

482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking

pre-arrest bail in connection with Crime No. 475 of 2026, dated

24.05.2026, registered with Shantinagar Police Station, Thane,

for the offence punishable under Sections 115(2), 118(2) read

with Section 3(5) of The Bharatiya Nyaya Sanhita, 2023.

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

complainant alleging that on 24.05.2026 there was a meeting of


                                    Page 1 of 5
                               nd
                           2        September 2026
                                                   911-ABA-1632-2026.ODT




the flat owners of the apartment in which this applicant, who is

the Developer, had also participated. It is alleged that in the

meeting there was some quarrel and at that time this applicant

along with one Rafique Abdul Karim Khan had broken the glass

table and by using the broken glass had attacked on the hand of

one Mr. Sangam Kesarwani. On the basis of these allegations,

the FIR came to be registered against four persons including this

applicant, who is arraigned as accused No.1.


4.    Although the instant application is filed on behalf of the

three accused persons, learned counsel for the applicants has

already made a statement as recorded in the order dated 25 th

June 2026 that the application is not pressed on behalf of the

applicant no.2 Mohammad Arib Alias Arif Azam Khan and

applicant no.3 Mohammad Talha Azam Khan. In view of this

statement, this application is considered only as regards the

applicant no.1 Azam Iqbal Khan.


5.    Learned counsel for the applicant submits that the alleged

incident has occurred in the heat of passion and on a spur of

moment, there was a scuffle in between the group of flat owners

and the builder. He submits that there was no intention on the

                                  Page 2 of 5
                             nd
                         2        September 2026
                                                   911-ABA-1632-2026.ODT




part of the applicant to cause any kind of assault. Further, he

states that there are no criminal antecedents against this

applicant, who is working as a Developer and he is ready to join

the investigation. He states that in accordance with the interim

protection order dated 25th June 2026 granted by this Court, the

applicant has attended the police station and is still ready to

extend co-operation. He therefore, prays for confirmation of the

interim protection.


6.    As against this, learned APP for respondent – State has

opposed the application and submitted that there are specific

allegations about attack by this applicant by broken pieces of

glass. He submits that investigation is in progress and injury

suffered by the victim is grievous in nature. However, he does

not dispute the fact that the applicant has joined the

investigation and has attended the police station, in accordance

with the interim protection order.


7.    Perused the FIR and the documents placed on record. It

appears that, there are allegations about an attack by this

applicant along with other persons by using broken pieces of

glass. However, it has to be noted that, at this stage, no recovery

                                  Page 3 of 5
                             nd
                         2        September 2026
                                                      911-ABA-1632-2026.ODT




is to be made against this applicant and further the applicant

has already joined the investigation. It is pointed out that

chargesheet is already filed against other accused persons and it

is pending only against this applicant.


8.      Considering the fact that, there are no criminal

antecedents against this applicant and he has attended the

Police Station in accordance with the interim protection granted

by this Court by order dated 25 th June 2026, the same needs to

be confirmed, subject to certain conditions.


9.    Hence, I pass following order :-


                                      ORDER

       (i)    The Anticipatory Bail Application is allowed.

       (ii)   In the event of arrest of the applicant in Crime
              No. in connection with Crime No. 475 of 2026,
              registered with Shantinagar Police Station,
              Thane, for the offence punishable under
              Sections 115(2), 118(2) read with Section
              3(5) of The Bharatiya Nyaya Sanhita, 2023.,
              he be released on bail on furnishing P. R. Bond
              of   Rs.   25,000/-           (Rupees   Twenty     Five
              Thousand    only), with one solvent surety of


                                   Page 4 of 5
                              nd
                          2        September 2026
                                                         911-ABA-1632-2026.ODT




                   the like amount.

             (iii) The applicant is directed to attend the police
                   station as and when called upon by the
                   investigating agency.

             (iv) The applicant shall not pressurize any of the
                   prosecution witnesses, in any manner.

             (v)   Breach of any of these conditions, shall be a
                   ground for cancellation of the bail.


10.         Anticipatory Bail Application is disposed of in above

terms.




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




                                        Page 5 of 5
                                   nd
                               2        September 2026