Bombay High Court

NAUSHEEN NASIR KHANversusTHE STATE OF MAHARASHTRA

Decided: 27 February 2026
Disposal: Allowed
Bench: N R BORKAR

Holding

The Court held that anticipatory bail should be granted in the present case.

Summary

Nausheen Nasir Khan filed an anticipatory bail application fearing arrest in Crime No. 22 of 2026 for alleged assault on a first informant and his family member, allegedly using fists and scissors, causing simple injuries. The offences alleged are under Sections 351(2), 352, 115(2), 118(1) and 333 of the Bharatiya Nyaya Sanhita, 2023. The applicant argued that a cross‑FIR exists, there is no recovery sought against her, and she has no prior criminal record, making custodial interrogation unnecessary. The State contended that the nature of the assault warranted denial of bail. The Court, after noting the simple nature of the injuries, the existence of a cross‑FIR, and the applicant’s clean record, granted anticipatory bail with a bond of Rs. 25,000 and one or two sureties, subject to the condition that she not commit any further offence.

Issues considered

Whether anticipatory bail can be granted for offences under Sections 351(2), 352, 115(2), 118(1) and 333 of the Bharatiya Nyaya Sanhita, 2023.
Whether the existence of a cross‑FIR affects the grant of anticipatory bail.
Whether the applicant’s lack of prior criminal antecedents warrants bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 333, 351(2), 352

Subjects

anticipatory bail
assault
cross FIR
Bharatiya Nyaya Sanhita
criminal procedure
bail conditions

Judgment

                                                           904-ABA-372-2026 (copy).doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

        ANTICIPATORY BAIL APPLICATION NO. 372 OF 2026

Nausheen Nasir Khan                                  …Applicant

        V/s.

The State of Maharashtra                             ...Respondent


Mr. Krishna Pandey, Advocate for the Applicant.
Mr. P. H. Gaikwad, APP for the Respondent/State.


                                   CORAM         :   N.R. BORKAR, J.
                                   DATE          :   27.02.2026.

P.C. :

1.                This is an application for Anticipatory Bail.



2.                The applicant is apprehending her arrest in Crime No.

22 of 2026 registered at Samta Nagar Police Station, for the

offences punishable under Sections 351(2), 352, 115(2), 118(1) &

333 of the Bharatiya Nyaya Sanhita, 2023.



3.                It is alleged that on the date of the incident, which took

place on 04.01.2026, the applicant forcibly entered into the house

of the first informant and assaulted the first informant and his

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                                                       904-ABA-372-2026 (copy).doc


family members by fist blows and scissors as there was some

dispute between her and brother of the first informant. It is

alleged that due to said assault the first informant sustained

grievous injury.



4.                I have heard the learned counsel for the applicant and

the learned APP for the respondent-State.



5.                The learned counsel for the applicant submits that

there is a cross-FIR in relation to the alleged incident. It is

submitted that nothing is to be recovered at the instance of the

applicant and therefore there is no need of custodial interrogation.

It is submitted that there are no other criminal antecedents

against the applicant.



6.                On the other hand, the learned APP for the respondent-

State submits that the applicant has assaulted the first informant

by scissor. It is submitted that considering the nature of crime, the

applicant may not be released on anticipatory bail.



7.                The fact that there is a cross-FIR in relation to the
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                                                              904-ABA-372-2026 (copy).doc


alleged incident is not disputed. I have perused the injury

certificate. The injuries are simple in nature. There are no other

criminal antecedents against the applicant. Considering the

overall facts and circumstances, I am inclined to release the

applicant on anticipatory bail. In the result, the following order is

passed :

                                    ORDER

                  a)       The Application is allowed.

                  b)       In the event of arrest of the applicant in

                  connection with Crime No. 22 of 2026 registered at

                  Samta Nagar Police Station, for the offences

                  punishable under Sections 351(2), 352, 115(2),

                  118(1) & 333 of the Bharatiya Nyaya Sanhita, 2023,

                  the applicant be released on bail on furnishing P.R.

                  Bond in the sum of Rs. 25,000/- with one or two

                  sureties in the like amount.

                  c)       The applicant shall not commit any other

                  crime.



                                                         [N.R.BORKAR, J.]

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