Bombay High Court

ABDUL RAUF ANSARI AUON ANSARI (AS PER FIR RAUF MAMDAN ANSARI) AND ANOTHERversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

The anticipatory bail application is allowed, subject to the conditions imposed by the Court.

Summary

The High Court considered an anticipatory bail application filed by Abdul Rauf Ansari and Momin Jula Mohamad in connection with FIR No. 427/2026 alleging assault on an informant. The FIR alleged that the applicants used a stick or iron rod, but the injury certificate showed only a single incised wound caused by a co‑accused wielding a sharp‑edged weapon, with no injury attributable to the applicants. The applicants, who have no prior criminal record, argued that they were over‑implicated in the dispute. The State opposed bail, contending that custodial interrogation was necessary to recover the alleged weapons. After examining the evidence, the Court found merit in the over‑implication claim and granted anticipatory bail subject to a personal bond, surety, and conditions restricting contact with witnesses and interference with evidence, and directed the applicants to appear before the investigating officer.

Issues considered

Whether anticipatory bail should be granted to the applicants despite the allegations of assault.
Whether the allegations against the applicants constitute sufficient ground for arrest.
Whether the case involves over‑implication of the applicants.

Legislation cited

Bharatiya Nyaya Sanhita — s. 109(1), 189(2), 190, 191(3), 351(2), 351(3), 352

Subjects

anticipatory bail
over‑implication
assault
Bharatiya Nyaya Sanhita
bail conditions
investigation
witness tampering

Judgment

2026:BHC-AUG:42796




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                     26 ANTICIPATORY BAIL APPLICATION NO. 1693 OF 2026

                              1. ABDUL RAUF ANSARI AUON ANSARI
                              (AS PER FIR RAUF MAMDAN ANSARI)
                        2. MOMIN JULA MOHAMAD SADEK MOHAMAD ON
                             (AS PER FIR SADEK MAMDAN ANSARI)
                                              VERSUS
                                  THE STATE OF MAHARASHTRA
                                                ...
           Mr. Swapnil S. Rathi, Advocate for Applicant
           Mr. S. B. Narwade, APP for the Respondent/State

                                                     CORAM : R. M. JOSHI, J.
                                                     DATED    : 21st SEPTEMBER, 2026

           PER COURT :-

           1.    Applicants seek pre-arrest bail in connection with Crime No. 427 of

           2026, registered with Selu Police Station, District Parbhani, for the offences

           punishable under Sections 109(1), 189(2), 190, 191(3), 351(2), 351(3) and

           352 of the Bharatiya Nyaya Sanhita.

           2.    First Information Report lodged by Shaikh Parvej Shaikh Kashim

           indicates that two different incidents had occurred on 04.08.2026 at 8.30

           p.m. and 05.08.2026 at 2.00 p.m. In the first incident, co-accused Aasef had a

           quarrel with the Informant. It is alleged that on 05.08.2026, the present

           Applicants, along with the co-accused, came to the spot and assaulted the

           Informant. There is an allegation against co-accused Aasef that, by using a


           26 ABA 1693.2026.odt                                                    1 of 3
weapon like a Kukri, he injured the Informant on his ear. There is an

allegation against the Applicants that they assaulted the Informant with a

stick.

3.       Learned Advocate for the Applicants submits that this is a case of over-

implication owing to the dispute between the parties on 04.08.2026. He

submits that the Applicants have no criminal history and, having regard to

these facts, their liberty be protected.

4.       Learned APP opposed the grant of any protection to the Applicants by

referring to the allegations in the First Information Report against them of

using a stick and iron rod for causing assault on the Informant. It is his

submission that, for the purpose of recovery of the said weapons, custodial

interrogation of the Applicants is necessary.

5.       Prima facie perusal of the record, more particularly the injury

certificate, indicates that the Informant sustained a single injury, which is

attributable to co-accused Aasef. The said injury was caused by a sharp-edged

weapon. There is no allegation against the present Applicants of using any

sharp-edged weapon. Pertinently, the injury certificate does not indicate any

other injury except for one incised wound. This Court, therefore, finds

substance in the contention of the learned Advocate for the Applicants that

this could be a case of over-implication. Having regard to these facts,


26 ABA 1693.2026.odt                                                       2 of 3
appropriate directions to the Applicants to appear before the Investigating

Officer would be sufficient for the purpose of effective investigation of the

crime. Hence, the following order:

                                     ORDER

            (i)     Application is allowed.
            (ii)    In the event of arrest of Applicants in connection with
            Crime No. 427 of 2026, registered with Selu Police Station,
            District Parbhani, for the offences punishable under Sections
            109(1), 189(2), 190, 191(3), 351(2), 351(3), 352 of the
            Bharatiya Nyaya Sanhita, they shall be released on bail on
            furnishing PR Bond of Rs.15,000/- (Rupees Fifteen Thousand
            only) each with one solvent surety in the like amount.
            (iii)   They shall not contact the witnesses directly or
            indirectly.
            (iv)    They shall not interfere with the evidence in any
            manner whatsoever.
            (v)     They are further directed to cooperate the investigating
            agency for further investigation.
            (vi)    They are directed to appear before the Investigating
            Officer on 28.09.2026 and 30.09.2026 between 11.00 a.m. to
            01.00 p.m. as and when called by the Investigating Officer.


6.    Learned APP for the Respondent/State to communicate this order to
the concerned Police Station.

                                                      ( R. M. JOSHI, J.)
ssp


26 ABA 1693.2026.odt                                                       3 of 3

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