Bombay High Court

AKHTAR SUNHARI KHANversusSTATE OF MAHARASHTRA

Decided: 6 October 2026
Disposal: Allowed

Holding

Anticipatory bail is warranted in view of the completed investigation and the applicant’s lack of antecedents.

Summary

The applicant, Akhtar Sunhari Khan, filed an anticipatory bail application in connection with CR No. 22 of 2026, alleging his involvement in an assault that arose from a dispute over expenses of a Goa trip. The FIR records state that the informant was attacked by several accused, with the applicant allegedly striking the informant with a bamboo stick, causing grievous injuries. The prosecution charged the applicant under several sections of the Bharatiya Nyaya Sanhita, 2023, but noted that the investigation was essentially complete and the charge‑sheet had already been filed against the other accused, who were released on regular bail. The applicant argued that the incident was a spontaneous fight, he has no prior antecedents, and the case merits anticipatory bail. The court examined the completed investigation, the lack of prior criminal record, and the limited role of the applicant, and concluded that anticipatory bail should be granted subject to standard conditions. Accordingly, the court ordered the applicant’s release on bail upon furnishing a personal bond of Rs 30,000 with sureties and imposed conditions regarding cooperation with police and non‑interference with witnesses.

Issues considered

Whether anticipatory bail should be granted to the applicant under the Bharatiya Nyaya Sanhita, 2023
Whether the completed investigation and lack of antecedents justify granting bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 118(2), 324(4), 3(5), 352

Subjects

anticipatory bail
assault
grievous hurt
Bharatiya Nyaya Sanhita
bail conditions
investigation completed

Judgment

                                                  922-ABA-2646-2026.DOC




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
        ANTICIPATORY BAIL APPLICATION NO. 2646 OF 2026
Akhtar Sunhari Khan                                   …Applicant
      Versus
The State of Maharashtra                              …Respondent


Mr. Yogesh Mahadev Birajdar, a/w Mr. Hanmant Bade & Mr.
Shriram Phad for the Applicant.
Mr. Swapnil V. Walve, APP, for the Respondent-State.
MR.Ajit Kanase API, attached to Ulwe Police Station, Navi Mumbai,
present.


                       CORAM:       MADHAV J. JAMDAR, J.
                       DATED :      6th OCTOBER 2026
PC:-


1.      Heard Mr. Birajdar, learned Counsel appearing for the

Applicant and Mr. Walve, learned APP appearing for the

Respondent-State.



2.      By this application the Applicant is seeking pre-arrest bail in

connection with CR. No. 22 of 2026 registered with Ulwe Police

Station, Navi Mumbai under Sections 118(2), 118(1), 115(2), 325,

324(4), 3(5) of Bharatiya Nyaya Sanhita of 2023.




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3.      Mr. Birajdar, learned counsel appearing for the Applicant,

submits that the incident has taken place on the spur of the

movement as there is sudden fight on trivial issue. He submits that

there are no other antecedents. Charge-sheet is already filed

against other Accused. Therefore, investigation is practically

completed.



4.      Mr. Walve, learned App strongly opposes the application. He

submits that the Applicant is involved in the crime.



5.      The prosecution case is set out in Paragraph No. 06 of order

dated 24th February, 2026 passed by learned Additional Sessions

Judge, Tal. Panvel, Dist. Raigad, which reads as under:-



        6. Perused FIR and documents placed on record.

        Informant Tejveer Banir Singh and accused Shabad,

        Rais and Subhan Khan were acquainted with each

        other since last7 to 8 months. They planed Goa trip

        in August 2025.. After trip there was dispute

        between them about expenses of the trip. On

        12/01/2026 at 21.00hours informant was called by




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                                                 922-ABA-2646-2026.DOC




        Subhan Khan at Ulwe regarding expenses of trip.

        When informant and Subhan Khan reached at Sector

        19, Ulwe, Navi Mumbai, Shadab slapped the

        informant. When informant opposed Saifuddin, he

        started abusing the informant and assaulted with fist

        and blow. Saifuddin also gave fight on informant's

        face. Thereafter, Akhtar and Rais came there and

        they assaulted the informant with Bamboo. Shabad

        also assaulted the informant by some weapon on

        middle finger of right hand. In the said incident the

        informant sustained grievous injuries on head and

        hand. He also sustained fracture injury. Therefore,

        the informant lodged report to Ulwa Police Station

        C.R.No 22/2026 for the offences punishable under

        Section 118(2), 118(1), 115(2), 352, 324(4) read

        with 3(5) o the BNS.



6.      Perusal of the record shows that the incident has taken place

with respect to the expenses of Goa trip, where all the Accused

persons and First Informant had gone. The only role attributed to

the present Applicant is that he has assaulted the First Informant




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                                                   922-ABA-2646-2026.DOC




with Bamboo Stick. There are no other antecedents. The other

accused persons were arrested and released on regular bail.

Charge-sheet has already been filed against them.



7.      Thus, practically investigation is completed. Accordingly, the

case is made out for grant of Anticipatory Bail.



8.      In view thereof, the following order is passed:


                               ORDER

        (a)   In the event of arrest of the Applicant- Akhtar

              Sunhari Khan in connection with C.R. No.

              0022 of 2026 registered with the Ulwe Police

              Station, Navi Mumbai the Applicant is directed

              to be released on bail on his furnishing P.R.

              Bond in the sum of Rs. 30,000/- with one or

              two solvent sureties in the like amount.

        (b)   The Applicant shall attend the concerned

              Police Station as and when called and co-

              operate the investigation.

        (c)   The Applicant shall furnish his cell phone




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                                                  922-ABA-2646-2026.DOC




              number    and    residential   address    to   the

              Investigating Officer and shall keep the same

              updated, in case of any change thereto.

        (d)   The Applicant shall not directly or indirectly

              make any inducement, threat, or promise to

              any person acquainted with the facts of the

              case so as to dissuade such a person from

              disclosing the facts to the Court or to any

              Police personnel.

        (e)   The Applicant shall not tamper with the

              prosecution evidence and shall not contact or

              influence the Complainant or any witness in

              any manner.


9.      The Anticipatory Bail Application is disposed of accordingly.




                                             [MADHAV J. JAMDAR, J.]




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