Bombay High Court

ASLAM GULAM NABI QURESHIversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

Anticipatory bail is granted with conditions to ensure the applicant does not tamper with evidence or contact witnesses.

Summary

The applicant, Aslam Gulam Nabi Qureshi, sought anticipatory bail fearing arrest in connection with a case involving alleged assault with an axe on a witness. The FIR alleged multiple offences under the Bharatiya Nyaya Sanhita, 2023, but the injury certificate showed only simple injuries and there were conflicting reports, raising the possibility of over‑implication. The applicant had no prior criminal record and pledged to cooperate with the investigation, while the State and the informant feared evidence tampering and witness intimidation. The court examined the seriousness of the allegations, the lack of a criminal history, and the applicant's undertaking not to interfere with evidence or contact witnesses. Concluding that the applicant’s liberty warranted protection and that the conditions imposed would safeguard the investigation, the court granted anticipatory bail with specific restrictions.

Issues considered

Whether anticipatory bail should be granted to the applicant despite serious assault allegations under the Bharatiya Nyaya Sanhita, 2023
Whether the risk of evidence tampering or witness intimidation justifies denial of bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115, 118(1), 118(2), 189(2), 190, 191(3), 324(1), 351(3), 352

Subjects

anticipatory bail
bail conditions
assault
evidence tampering
Bharatiya Nyaya Sanhita
criminal procedure
no prior record

Judgment

2026:BHC-AUG:46461
50-ABA-1745-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

50 ANTICIPATORY BAIL APPLICATION NO. 1745 OF 2026

Aslam Gulam Nabi Qureshi
Versus
The State Of Maharashtra

Mr. G. R. Syed, Advocate for Applicant
Mr. S. B. Narwade, APP for Respondent/State
Mr. D. S. Patil, Advocate for Informant

CORAM :R.M. JOSHI, J
DATE :OCTOBER 05, 2026

P. C. :

1. Applicant apprehends arrest in connection with C.R. No.

302/2026 registered with Police Station Paithan, District Chhatrapati

Sambhajinagar for the offences punishable under Sections 189(2), 191(3),

190, 118(2), 118(1), 115, 324(1), 352, 351(3) of the Bharatiya Nyaya

Sanhita, 2023.

2. First information report indicates that an incident had occurred

on 02.08.2026 at about 03.00 to 03.15 pm in which the informant and

witnesses were assaulted by the Applicant and co-accused. There is

allegation against the present Applicant that he used an axe to caused injury

to the witness Rizwan on his head.

3. Learned Counsel for the Applicant submits that in respect of the

same incident, two different reports came to be lodged and considering the

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50-ABA-1745-2026.odt

counter reports, the possibility of over implication exists. It is his submission

that though there is allegation against the Applicant of he using axe to cause

assault, the injury certificate does not correspond to the same. It is his

submission that the Applicant has no criminal history and in absence of any

serious offence being attributed against him, his liberty deserves to be

protected. He makes statement that he will cooperate in the investigation in

case he is granted pre-arrest bail.

4. Learned APP and learned Counsel for Informant opposed grant

of any protection to the Applicant by referring to the allegations against him

in the first information report. Learned Counsel for the Informant raises

apprehension with regard to tampering of evidence and pressurizing of

witnesses in case Applicant granted pre-arrest bail.

In response thereof, learned Counsel for the Applicant, on

instructions, makes statement that Applicant will not enter the jurisdiction

of concerned police station till filing of the charge-sheet.

5. Prima facie perusal of the record indicates that there are

counter reports in respect of the incident occurred on 01.08.2026. There is

allegation against the Applicant of using an axe for causing assault on

witness Rizwan. Perusal of the injury certificate indicates that simple injuries

were caused to Rizwan. Admittedly, offence punishable under Section 109 of

the Bharatiya Nyaya Sanhita is not made applicable to the present case.

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50-ABA-1745-2026.odt

Applicant has no criminal history. Appropriate direction to Applicant to

cooperate in the investigation will be sufficient for effective investigation.

The statement made by the Counsel for the Applicant takes care of the

apprehension of the Informant. Hence, the order:

ORDER

(i) Anticipatory Bail Application is allowed.

(ii) In the event of arrest of the Applicant in connection with C.R.
No. 302/2026 registered with Police Station Paithan, District
Chhatrapati Sambhajinagar for the offences punishable under
Sections 189(2), 191(3), 190, 118(2), 118(1), 115, 324(1),
352, 351(3) of the Bharatiya Nyaya Sanhita, 2023, he shall be
released on bail on furnishing PR bond of Rs. 15,000 (Rupees
Fifteen Thousand Only) with one surety in the like amount.

(iii) As undertaken, he shall not enter the jurisdiction of
concerned police station till filing of the charge-sheet, except
attending police station.

(iv) He shall attend the concerned police station on 09 th and 12th
October, 2026 and thereafter as and when required upon
written intimation by IO.

(iv) He shall not contact the witnesses directly or indirectly.

(v) He shall not interfere with the evidence in any manner
whatsoever.

(vi) He is further directed to cooperate the investigating agency
for further investigation.

(R. M. JOSHI, J.)
Malani

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