Bombay High Court

AALAM GULAB MULLAversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Disposed Off

Holding

The court allowed the anticipatory bail application, subject to stringent conditions.

Summary

Aalam Gulab Mulla, a fisherman, applied for anticipatory bail in Crime No. 350 of 2026, alleging false implication in an assault case. The petition highlighted the absence of injury certificates, lack of criminal antecedents, and the applicant's cooperation with the investigating officer. The court noted that the prosecution had not produced medical evidence to substantiate the charges and considered the possibility of communal bias. It granted anticipatory bail, imposing a personal bond of Rs.50,000 with sureties and several conditions, including regular appearances before the police, non‑tampering with evidence, and providing residential details. The order was confirmed with additional specific dates for appearance and reinforced prohibitions against influencing witnesses. The anticipatory bail was thus allowed subject to strict compliance.

Issues considered

Whether anticipatory bail should be granted to the applicant under the Bharatiya Nyaya Sanhita, 2023.
Whether the applicant poses a risk of tampering with evidence or influencing witnesses.
Whether the lack of medical evidence and alleged false implication justify granting bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 127(2), 189(2), 190, 191(2), 191(3), 351(2), 352

Subjects

anticipatory bail
false implication
evidence tampering
Bharatiya Nyaya Sanhita
criminal procedure
bail conditions
investigation cooperation

Judgment

30 - ABA - 416 - 2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 416 OF 2026

Aalam Gulab Mulla … Applicant
Versus.
The State of Maharashtra & Anr. … Respondents

-------
Mr. M. S. Mulla, for the Applicant.
Mr. Shrikant H. Yadav, APP for the State.
Mr. Satish R., PSI, and Mr. G. S. Bandgar, Police Constable,
Akkalkot North, Police Station is present.

-------

CORAM : ASHWIN D. BHOBE, J.

DATED : SEPTEMBER 7, 2026
P.C.:

1. Heard, Mr. M. S. Mulla, learned Advocate for the Applicant and

Mr. Shrikant H. Yadav, learned APP for the State.

2. By the present Application, the Applicant has sought the

following substantive relief:

“a) this Hon’ble Court be pleased to release the Applicant on bail in
connection with C.R. No.350 of 2026, registered with Akkalkot North Police
Station, Solapur in the event of the arrest in connection with the said
offences, on such terms and conditions as this Hon’ble Court deem fit and
proper in the facts and circumstances of the case;”

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30 - ABA - 416 - 2026.doc

3. On 3rd August 2026, the following order was passed:

“1. Heard.

2. Issue notice to the Respondents, returnable on 24.08.2026. Learned
APP waives service of notice for Respondents/State.

3. The learned Counsel for the Applicant submits that the Applicant is
falsely implicated in the present crime. The Applicant is a fisherman, holding
a registration certificate under the National Fisheries Digital Platform issued
by the Department of Fisheries, Ministry of Fisheries, Animal Husbandry and
Dairying, Government of India, in the year 2024. A simple quarrel has been
deliberately given a criminal colour by the Complainant, who belongs to
other community. A perusal of the First Information Report itself suggests that
an attempt was made to implicate all persons belonging to the community in
a false allegation of assault. Despite several opportunities given by the
learned Sessions Judge, the medical certificates of the injured and
Complainant have not been produced to verify the truthfulness of allegations.
The Applicant is not having any criminal antecedents and is further ready to
abide by any conditions that may be imposed by this Court. Hence he may be
protected.

4. Taking into consideration the aforesaid submissions, and the fact that
no injury certificates have produced by the prosecution to establish the role
attributed to the Applicant, the submission of the learned Counsel that the
Applicant has been falsely implicated appears to be probable. Hence, I am
inclined to protect the Applicant till the investigation papers are received,
subject to certain conditions. Hence the following order :

ORDER

(a) In the event of arrest of the Applicant - Aalam Gulab Mulla in
connection with Crime No.350/2026 registered with Akkalkot North Police
Station, District Solapur Gramin for the offence punishable under Sections
109(1), 127(2), 118(1), 115(2), 351(2), 352, 189(2), 191(2), 191(3), 190 of
the Bharatiya Nyaya Sanhita, 2023, he be released on bail on furnishing P.R.
bond of Rs.50,000/- (Rupees Fifty Thousands) with two solvent sureties in
the like amount, on the following conditions :

(b) The Applicant is directed to attend Akkalkot North Police Station,
District Solapur Gramin on every Saturday and Monday between 11:00 am.
to 02:00 pm. and co-operate with the Investigating Officer until further
orders.

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30 - ABA - 416 - 2026.doc

(d) The Investigating Officer shall make the investigation papers available
for perusal of this Court.

5. Needless to say, violation of any of the aforesaid conditions may
entitle the prosecution to seek vacation of the interim relief granted herein
above.

6. Stand over to 24.08.2026.”

4. Mr. M. S. Mulla, learned Advocate for the Applicant, states that

the Applicant has appeared before the Investigating Officer and has co-

operated with the investigation. He further states that the Applicant

shall continue to co-operate, appear before the Investigating Officer and

assist the Investigating Officer in the investigation of Crime No. 350 of

2026.

5. Mr. Shrikant H. Yadav, learned APP for the State, on instructions

from the Investigating Officer, states that the Applicant has appeared

before the Investigating Officer and has co-operated in the investigation

of Crime No. 350 of 2026.

6. Mr. Shrikant H. Yadav, learned APP for the State, on instructions

from the Investigating Officer, states that the custodial interrogation of

the Applicant is not required in Crime No. 350 of 2026. However, he

submits that a condition requiring the Applicant to remain present

before the Investigating Officer in Crime No. 350 of 2026, as and when

required, be imposed.

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30 - ABA - 416 - 2026.doc

7. Mr. M. S. Mulla, learned Advocate for the Applicant, states that

the Applicant shall appear before the Investigating Officer in Crime No.

350 of 2026 as and when required by him.

8. In view of the statements made by Mr. M. S. Mulla, learned

Advocate for the Applicant and Mr. Shrikant H. Yadav, learned APP for

the State, the order dated 3rd August 2026 is confirmed, making

conditions Nos. 4(a) and (c) absolute, with the following additional

conditions:-

(a) The Applicant shall appear before the Investigating Officer

on 15th , 16th and 17th September 2026 from 10:00 a.m. to 12:00

noon, and thereafter as and when required by the Investigating

Officer in Crime No. 350 of 2026. Applicant shall cooperate in

the investigation.

(b) The Applicant shall not directly or indirectly make any

inducement, threat or promise to any person/s acquainted with

the facts of the case to dissuade such person/s from disclosing the

facts to the Court or any police officer. Applicant shall not tamper

with evidence in any manner.

Akkalkot North Police Station, District Solapur Gramin, with his

residential address along with proof, his contact number and

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30 - ABA - 416 - 2026.doc

must inform the Investigating Officer of any changes to this

information from time to time.

9. Anticipatory Bail Application No. 416 of 2026 stands allowed.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
VAIBHAV
VAIBHAV RAMESH
RAMESH JADHAV
JADHAV Date:
2026.09.08
10:21:47
+0530

VRJ 5

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