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Bombay High Court

ZIAULLA RAJAULLA WARASI @ TARIQUE RAJAULLA WARASIversusSTATE OF MAHARASHTRA

Decided
Disposal
Rejected

Holding

Anticipatory bail was denied because the applicant was deemed a principal conspirator in a serious murder, and the threshold for granting bail under Section 482 was not met.

Summary

The applicant, Ziaulla Rajaulla Warasi, sought anticipatory bail under Section 482 of the Bharatiya Nyaya Suraksha Sanhita, 2023, in connection with a murder case involving the killing of Rashid Khan, an alleged history‑sheeter. The prosecution alleged that the murder resulted from a gang rivalry between the Warasi and Haroon Khan gangs, and that the applicant, as the brother of a gang leader, was a principal conspirator. The applicant contended that his name does not appear in the FIR and that any mention by co‑accused lacks evidentiary value, also highlighting his clean criminal record. The court examined the seriousness of the offence, the alleged conspiratorial role of the applicant, and the statutory threshold for granting anticipatory bail, noting that such relief is extraordinary and not routine. Concluding that the prosecution had established a prima facie case of the applicant’s involvement, the court dismissed the anticipatory bail application, directing the trial court to decide the matter on its merits without being influenced by the present order.

Issues considered

  • What is the appropriate standard for granting anticipatory bail under Section 482 of the Bharatiya Nyaya Suraksha Sanhita, 2023 in a serious murder case?
  • Whether the applicant’s alleged non‑inclusion in the FIR and lack of prior criminal record preclude the grant of anticipatory bail?
  • Whether the applicant can be considered a conspirator warranting denial of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • murder
  • conspiracy
  • gang rivalry
  • criminal procedure
  • bail jurisprudence

Judgment

                                                      922 ABA-2585-2026.DOC
skt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 2585 OF 2026
Ziaulla Rajaulla Warasi @ Tarique Rajaulla               …Applicant
Warasi
            Vs.
State of Maharashtra                                     …Respondent


Mr. Mihir Kasliwal, for the Applicant.
Mrs. M.R. Tidke, APP for the Respondent-State.


                       CORAM:       MADHAV J. JAMDAR, J.
                       DATE :       23rd SEPTEMBER, 2026
P. C.:

1.       Heard Mr. Kasliwal, learned counsel appearing for the

Applicant and Mrs. Tidke, learned APP for the State.



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

Nyaya Suraksha Sanhita, 2023, the Applicant is seeking pre-arrest

bail in connection with C.R. No.298 of 2025 registered with

Indranagar Police Station, Nashik City for the offences punishable

under Sections 103(1), 61(2), 189, 189(4) and 190 of the

Bharatiya Nyaya Sanhita, 2023, Section 7 of Criminal Law

(Amendment) Act, 1932, Section 4 and 25 of the Arms Act, 1959

and Section 153 of Maharashtra Police Act, 1951.




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3.    The prosecution case is set out in paragraph No.2 of the

order dated 24th August 2026 passed by the learned Additional

Sessions Judge-10, Nashik in Criminal Bail Application No. 1561 of

2026, which reads as under :-


      “2    Heard counsel for the applicant, APP for the

      State and perused the say. The matter pertains to a

      murder of an history sheeter Rashid Khan. He was at

      loggerheads with one Gayasuddin Warasi. Both the

      mobsters were having a tussle over controlling the

      area around the Ambad area. On 25.09.2025,

      Gayasuddin set up a honey trap through a lady child

      in conflict with law. She lured Rashid Khan to a cafe

      where his gang members were ready with weapons.

      Rashid Khan was murdered at the spot.”


4.    It is the submission of Mr. Kasliwal, learned counsel

appearing for the Applicant that the Applicant’s name is not

mentioned in the F.I.R.. He submits that there are total 17 accused

out of which, 15 accused have been arrested and 4 adults and 5

juvenile accused have been released on bail. He submits that his

name is disclosed during the investigation by the co-accused and


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therefore the same will have no evidentiary value. He submits that

there are no criminal antecedents against the Applicant.



5.    On the other hand, Mrs. Tidke, learned APP submits that

offence is very serious where murder of Rashid Khan has been

committed. She submits that this is a case where the dispute is

between the two gangs; one led by Gayasuddin, who is the brother

of the present Applicant and another gang led by the First

Informant-Ibrahim Haroon Khan.        She submitted that there are

frequent fights between these two gangs and as a result of the

same, the deceased Rashid Khan, who is the brother of the First

Informant had been killed. She therefore submits that custodial

interrogation is absolutely essential.        She submits that the

Applicant is the main conspirator.



6.    Perusal of the record shows that as per the prosecution case,

there are two gangs one led by Gayasuddin @ Gas Raza Warasi

and another by the First Informant-Ibrahim Haroon Khan. Hashim,

the brother of the First Informant and said Gayasuddin were good

friends and both of them were in jail for offence of commission of

murder at Sinnar and both of them were attending the Court dates.




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Said Gayasuddin was involved in another crime of firing and in

that case, he took the name of Hashim Khan, i.e., brother of the

Applicant and therefore, there were disputes between the two

gangs, which has resulted in to filing various complaints against

each other. As per the prosecution case, girlfriend of Gayasuddin

Warasi, developed friendship with the First Informant’s brother

Rashid and to meet her, the deceased Rashid, i.e., another brother

of the First Informant went to the place where the incident took

place. During investigation, it transpired that there were about 11

persons at the spot and 5 of them were wearing masks while

assaulting the deceased. Those persons have stated that they are

belonging to GS Gang, (i.e., gang of Gayasuddin Warasi).



7.    Thus, the offence is very serious where murder of Rashid

Khan, who is the brother of the First Informant has taken place.

The said murder was as a result of fight between the two gangs

and the Applicant is the brother of said Gayasuddin and as per the

prosecution case, he is a part of the said gang.


8.    The role attributed to the Applicant is that he is a

conspirator. The relief of anticipatory bail is a extraordinary relief




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and is not to be granted in a routine manner. Accordingly, no case

is made out for grant of anticipatory bail. The Anticipatory Bail

Application is dismissed.


9.    The observations in this order are made for considering this

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.]




                                   Page 5 of 5
                             23rd September, 2026


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