Bombay High Court

MOHAMMAD SHARIK MOHAMMAD AKIL ABBASIversusSTATE OF MAHARASHTRA

Decided: 21 August 2026
Disposal: ANTICIPATORY BAIL GRANTED

Holding

The Court allowed the anticipatory bail application, granting bail with specified conditions.

Summary

The applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with FIR No. 654 of 2026 alleging offences under Sections 351(2), 115(2), 118(1) and 352 of the Bharatiya Nyaya Sanhita, 2023. The applicant contended that the FIR was a counter‑blast to an earlier FIR he had lodged, claiming he was the victim of assault and had suffered grievous injuries, while the State argued that an altercation occurred and the applicant was present, though the nature of the victim's injuries was simple and investigation was ongoing. The Court noted the lack of criminal antecedents, the possibility of securing the applicant’s presence, and the prima facie nature of the counter‑FIR claim. Balancing personal liberty against the investigation, the Court granted anticipatory bail with a cash bond of Rs. 25,000, a surety, and conditions of regular police attendance, non‑contact with the complainant, and non‑interference with witnesses. Breach of any condition would lead to cancellation of bail.

Issues considered

Whether anticipatory bail should be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the counter‑FIR allegations and ongoing investigation.
Whether the allegations constitute a cognizable offence warranting arrest of the applicant.
Whether imposing conditions such as regular police attendance and non‑contact with the complainant is appropriate.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 351(2), 352

Subjects

anticipatory bail
Section 482
Bharatiya Nagarik Suraksha Sanhita
Bharatiya Nyaya Sanhita
counter FIR
false FIR
bail conditions
criminal procedure

Judgment

                                                   907-ABA-2355-2026.ODT




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION
        ANTICIPATORY BAIL APPLICATION NO. 2355 OF 2026
Mohammad Sharik Mohammad Akil Abbasi                   …Applicant
      Versus
The State of Maharashtra                               …Respondent


Adv. Vikas Tiwari a/w Adv. Aaditya Urankar, for the Applicant.
Mr. B. V. Holambe-Patil, A.P. P., for the Respondent – State.
WPSI Kirti Vallekar, Juhu Police Station, Mumbai, is present.


                      CORAM :           PRAFULLA S. KHUBALKAR, J.
                      DATE          :   21ST AUGUST 2026
P.C:-

1.      Heard learned counsel for 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 Crime No. 654 of 2026 dated 29.05.2026,

registered with Juhu Police Station, Brihanmumbai, for the

offence punishable under Sections 351(2), 115(2), 118(1) and

352 of the Bharatiya Nyaya Sanhita, 2023.

3.      Learned counsel for applicant submits that the offence

against this applicant is registered by way of counterblast in the



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backdrop of earlier FIR lodged by this applicant bearing FIR No.

653 of 2026 dated 29.05.2026 at 3:28 a.m. against the

informant. He also submits that the allegations of assault by this

applicant by use of knife are absolutely without any basis and as

a matter of fact, this applicant has suffered grievous injuries. By

inviting attention to the discharge summary with respect to this

applicant, he submitted that this applicant has suffered grievous

injuries   and   he   was    hospitalized    from   28.05.2026    to

06.06.2026. He thus states that the complainant who himself is

an accused has lodged the false FIR to somehow implicate this

applicant.

4.    Learned APP for the respondent-State opposed the

application and submitted that there was an altercation in

between two groups of people as reflected in the FIR and

undisputedly this applicant was present at time of incidence. He

therefore submits the allegations as to who has actually caused

grievous injury is a subject matter of investigation. However, as

regards injury suffered by the victim in this offence, he candidly

states that the injuries are simple in nature. He states that the

investigation is in progress and the weapon of an offence is yet

to be recovered.

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5.    Perusal of the FIR reveals that FIR No. 654 of 2026 is

registered on 29.05.2026 at 11:12 a.m. whereas the FIR lodged

by this applicant bearing FIR No. 653 of 2026 was registered

earlier i.e. at 03:28 a.m. It has to be noted that the allegations

made by this applicant in his FIR are with respect to the

grievous injuries which are in fact suffered by this applicant. As

such, at this stage, it prima facie appears that the FIR against

this applicant is lodged by way of counterblast to the FIR lodged

by him. Apart from this, it is crucial to note that the alleged

assault by this applicant has not caused any grievous injury, as

stated by the learned APP.

6.    Considering the allegations in two FIRs on record, it

appears that there was some altercation in between two groups

and cross FIRs came to be registered. The investigation is in

progress. There are no criminal antecedents against this

applicant and his presence can be secured by directing him to

attend the police station.

7.    Considering all these aspects, the personal liberty of this

applicant needs to be protected, subject to certain conditions.

Hence, I pass following order :-



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                                        ORDER

             (i)    The Anticipatory Bail Application is allowed.

             (ii)   In the event of arrest of the applicant in Crime
                    No. 654 of 2026, registered with Juhu Police
                    Station,   Brihanmumbai,       for    the    offence
                    punishable under Sections 351(2), 115(2),
                    118(1) and 352 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 the like amount.

             (iii) The applicant shall attend the Police Station
                    on every Saturday in between 10:00 a.m. to
                    2:00 p.m., for a period of three weeks.

             (iv) The      applicant     shall    not     contact    the
                    complainant or influence any witness, in any
                    manner.

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


8.          Anticipatory Bail Application is disposed of in above

terms.


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




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