IRFAN BASU SHEIKHversusSTATE OF MAHARASHTRA

                                                    912 ABA-2075-2026.DOC
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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 2075 OF 2026
Irfan Basu Sheikh                                      …Applicant
            Vs.
State of Maharashtra
(At the instance of Ulwa Police Station                …Respondent
vide C.R. NO. 42 of 2026)


Mr. Gaurav Bhawnani a/w. Mayanka S.R., for the Applicant.
Ms. Savita M. Yadav, APP for the Respondent-State.
PSI Shubhangi Shamrao Sathe, Ulwa Police Station, Navi Mumbai.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATE :      18th AUGUST, 2026
P. C.:
1.       Heard Mr. Bhawnani, learned counsel appearing for the

Applicant and Ms. Yadav, learned APP appearing for the

Respondent-State.


2.       By this application filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-

arrest bail in connection with C.R. No. 42 of 2026 registered with

Ulwe Police Station, Navi Mumbai for the offences punishable

under Sections 109, 121(1), 132, 189(2), 190, 191(2), 191(3),

223, 309(6), 351(3), 352 r/w 3(5) of the Bharatiya Nagarik

Suraksha Sanhita, 2023 and Sections 3, 4 read with 25 of the Arms



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Act, 1959 and Section 37(1)(A) r/w 153 of Maharashtra Police

Act, 1951.


3.    It is the submission of Mr. Bhawnani, learned counsel

appearing for the Applicant that he is a Ola driver and his two

wheeler bearing No. MH03 CL7518 was found on the spot as the

Applicant had parked his two-wheeler and was proceeding towards

the cricket turf, he heard some commotion and, therefore, ran

away from the place. He submitted that, therefore, the Applicant is

not involved in the crime. He is not seen in the CCTV footage, nor

has any of the eye-witnesses seen him. He further submitted that

the charge-sheet has already been filed and that the Applicant has

no criminal antecedents. He submitted that the injuries sustained

by the injured are simple in nature.


4.    Learned counsel for the Applicant submits that there are

total 15 accused, out of whom 8 accused are named in the F.I.R.,

and 7 accused are shown as absconding in the charge-sheet. He

submits that as regards the 8 accused against whom the charge-

sheet has been filed, 7 accused have already been granted bail.




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5.     On the other hand, Ms. Yadav, learned APP submits that the

material on record clearly shows the involvement of the Applicant

in the crime. She submits that in the F.I.R. itself, it is mentioned

that the driver of the said motorcycle No.MH03 CL7518 has ran

away from the spot by keeping the said motorcycle there. She also

points out the spot panchnama where the presence of the said

motorcycle is specifically mentioned.       She has pointed out the

panchnama of the CCTV footage which shows that several persons

are seen to be involved in the crime. She also points out the injury

certificate.


6.     The prosecution case is set out in paragraph Nos. 1 and 2 of

the order dated 16th July, 2026 passed by the learned Additional

Sessions Judge, Panvel in Criminal Bail Application No. 539 of

2026, which read as under :-


        “1     The applicant Irfan Basu Sheikh apprehends

        arrest in connection with the investigation carried out

        for alleged conspiracy and for unlawfully assembling

        with deadly weapons and for attacking the police

        men and the informants by using abusive language

        and obstructed them from performing their official



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      duty, which resulted into registration of Crime No.

      42/2026 with the Ulwe Police station, Navi Mumbai

      for the offences p/u/sec.132, 121(1), 109, 309(6),

      189(2), 191(2), 191(3), 190, 352, 351(3), 223

      Bhartiya Nyaya Sanhita 2023, r/w. Sec.3/25, 4/25 of

      Indian Arms Act r/w. s.37(1)(A), 135 of The

      Maharashtra Police Act.


      2.   Between 31.01.2026 23.55 pm and 01.02.2026

      00.15 am, a team of police men on their official duty

      were investigating crime no.23/2026 and where in

      search of accused involved in the NDPS Act and

      where going from Shagun Chowk towards Ulwe

      Police station for seeking police assistance. The

      applicants and other co-accused persons conspired

      with common intention and unlawfully assembled

      with armed weapons and attacked Shri. Mandhare,

      the Sub-police Inspector and his police informers and

      injured them resulting into which offence came to be

      registered under various sections of law.”




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7.     Thus, the prosecution case shows that very serious crime has

been committed by the accused. The police officials were on their

official duty of investigating Crime No.23 of 2026 where in search

of accused involved in the serious offence under the provisions of

the Narcotic Drugs and Psychotropic Substances Act, 1985 was

going from Shagun Chowk towards Ulwe Police station and at that

time, the present Applicant and other co-accused persons

conspired and committed unlawfully assembly with deadly

weapons and attacked the Policemen including the First Informant

by using abusive language and obstructed them from performing

their official duty.


8.     The offence is very serious as the accused have alleged to

have committed an offence punishable under Section 121 of the

BNSS, involving the causing of grievous hurt to a public servant in

the discharge of his duty. The other offences are also of a serious

nature.


9.     As regards the contention of the Applicant that he is not

involved in the crime, it is to be noted that the Applicant’s

motorcycle was found at the spot of the incident. The F.I.R. has

been lodged by a Police Constable who had witnessed the incident.



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He has specifically stated that the person who was riding the said

motorcycle abandoned the motorcycle and ran away from the spot.

Thus, there is prima facie material showing the involvement of the

Applicant in the crime. The explanation of the Applicant that he

had parked his motorcycle and was proceeding to see the turf

cricket ground cannot be believed at this preliminary stage, when

there is material on record to indicate that the person riding the

motorcycle has ran away from the spot of the incident, abandoning

it. The incident has also been captured on CCTV. The Applicant is

absconding.


10.   Accordingly, no case is made out for grant of anticipatory

bail. The Anticipatory Bail Application is dismissed.


11.   The observations in this order are made for considering the

present Anticipatory Bail Application. The learned Trial Court shall

not be influenced by any of the observations made hereinabove

and shall decide the case on its own merits.


                                            [MADHAV J. JAMDAR, J.]




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