Bombay High Court
KHAJA NAIMODDIN MOINODDIN INAMDAR ALIAS NADIM SALIM KHATIB AND ANOTHERversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- DISPOSED OFF
- Bench
- MEHROZ K PATHAN
Holding
The Court allowed the anticipatory bail application, confirming the interim order with specific conditions.
Summary
The applicants, Khaja Naimoddin and Khaja Aslmuddin, sought anticipatory bail in connection with FIR No. 0391/2025 alleging assault on an informant over a land dispute. The FIR charged them under Sections 118(1), 118(2), 115(2), 352, 351(2), 351(3) and 3(5) of the BNS, 2023. An interim anticipatory bail was granted on 9 December 2025 with the condition of reporting to the police every Saturday. The applicants complied, the investigation was completed and a charge‑sheet was filed. The State opposed further bail, but the Court, after reviewing the completed investigation and the applicants' cooperation, allowed the anticipatory bail, confirming the interim order and imposing additional conditions to prevent witness intimidation and evidence tampering.
Issues considered
- Whether anticipatory bail should be granted after the investigation is complete and a charge‑sheet has been filed.
- Whether the conditions imposed in the interim order are sufficient to mitigate the risk of the applicants committing further offences or interfering with the investigation.
- Applicability of Sections 118, 115, 352, 351 and 3 of the BNS, 2023 to the grant of anticipatory bail.
Legislation cited
- BNS, 2023 — s. 115(2), 118(1), 118(2), 3(5), 351(2), 351(3), 352
Subjects
- anticipatory bail
- assault
- land dispute
- charge sheet
- criminal procedure
- BNS 2023
- conditions of bail
Judgment
2026:BHC-AUG:10203
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2164.25ABA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
47 ANTICIPATORY BAIL APPLN. NO.2164 OF 2025
1] KHAJA NAIMODDIN MOINODDIN INAMDAR
@ NADIM SALIM KHATIB
2] KHAJA ASLMODDIN KHAJA MOINODDIN INAMDAR
@ ASLAM SALIM KHATIB
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Applicants : Mr.Akram Inamdar h/f. Mr.S.S.Kazi
APP for Respondent-State : Mr.N.S.Tekale
…
CORAM : MEHROZ K. PATHAN, J.
DATE : 09.03.2026
P.C. :
1] Heard the learned counsel for the applicants
and the learned APP for the respondent-State.
2] The applicants have approached this Court
seeking anticipatory bail in connection with FIR bearing
Crime No. 0391/2025, registered at Rural Police Station
Majalgaon, Tq. Majalgaon, Dist. Beed, for the offence
punishable under Sections 118 (1), 118 (2), 115 (2), 352,
351 (2), 351 (3), 3 (5) of the BNS, 2023.
3] It is the case of prosecution that the informant
Shaukat Mohammad Sharif Qureshi along with his wife,
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2164.25ABA
three sons and two daughters are residing jointly at village
Patrud, Taluka Majalgaon, Dist. Beed. They are cultivating
Inam land of Khaja Magdum Ansari Dargah since last 30
years. They have taken bore well in the said land. They
have returned the land admeasuring 06 Acres out of the
Inam land i.e. purchased by them from Salim Khatib to his
sons i.e. applicant nos. 1 and 2 and co-accused Salman. On
29.10.2025 at about 1.00 p.m. informant went in the Inam
land for starting bore well to fill the water tank. At that
time, the applicants and co-accused Salman came near him.
They told him not to come in Inam land to start the bore
well. The informant stated them that it was decided in the
meeting of respected persons in the village that the said
bore well allowed to be used by them. At that time they
abused him. Co-accused Salman assaulted him by means of
iron rod on his head. The applicant no.1 assaulted him by
means of wooden stick on his right ankle. Applicant no.2
assaulted him by fist and on the right side of his face. Due
to which he sustained injuries. At that time his son Babajan
came there and released him. The applicants and co-
accused given threat to him. Thereafter, the informant was
taken to Rural Hospital, Majalgaon and afterwards to Civil
Hospital, Beed. The informant’s statement was recorded in
the Hospital and the same is treated as report.
4] This Court, vide order dated 9 th December,
2025, had protected the present applicants by granting ad-
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2164.25ABA
interim anticipatory bail on the condition that the
applicants shall attend the concerned police station on every
Saturday between 11.00 a.m. to 1.00 p.m. and co-operate
with the Investigating Officer.
5] The learned counsel for the applicants submits
that the applicants have complied the interim order dated
9th December, 2025 and have co-operated with the
investigation. That, the prosecution has completed the
investigation against the present applicants and has filed
charge sheet, which is now registered as RCC No.47/2026
before the 2nd Judicial Magistrate First Class, Majalgaon.
6] The learned counsel for the applicants further
submits that the applicants are falsely implicated in the
present crime. The allegations are vague and general in
nature. The counter FIR bearing Crime No.390/2025 filed
by the real brother of the applicants, namely, Khaja
Ameenoddin Khaja Moinoddin @ Salman Khatib, is prior in
point of time. The applicants are not alleged of any assault
on vital part of the body. The applicants are not having
antecedents and are ready to abide by any conditions that
may be imposed by this Court. Hence, the applicants may be
released on anticipatory bail.
7] As against this, the learned APP vehemently
opposes the application on the ground that there is dispute
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2164.25ABA
about the land admeasuring 06 Acres out of the Inam land
purchased by them from Salim Khatib to his sons i.e.
applicant nos. 1 and 2 and co-accused Salman. That, there
are allegations of assault even against the present
applicants. The main accused, namely, Salman is already
released on bail by the Sessions Court. The entire
investigation is complete. However, taking into
consideration the nature of allegations, this is not fit case to
grant anticipatory bail. Hence, the application of the present
applicants may be rejected.
8] I have gone through investigation papers, made
available by the learned APP, which is now culminated into
filing of the charge sheet. The entire investigation is
complete and the applicants have co-operated with the
investigation. The apprehensions of the learned APP that
there is likelihood that the applicants may again commit
offences of like nature, can be taken care of by imposing
stringent conditions. Hence the following order :
ORDER
A) The Anticipatory Bail Application is allowed.
B) The interim order dated 9th December, 2025
is hereby confirmed. The applicants are
directed to attend the concerned police
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2164.25ABA
station on every Saturday till framing of the
charge.
C) The Applicants shall also cooperate with the
investigation.
D) The Applicants shall not pressurize the
prosecution witnesses and shall not tamper
with the prosecution evidence, in any
manner.
9] Needless to say, violation of any of the aforesaid
conditions shall entitle the prosecution to seek cancellation
of the anticipatory bail.
10] The observations made herein above are prima
facie in nature and shall not influence the Trial Court while
deciding the case on its own merits.
11] The Anticipatory Bail Application is disposed of
accordingly.
[MEHROZ K. PATHAN]
JUDGE
DDC
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