Bombay High Court

SHAMSHADBEGAM SHAIKHversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

The Court allowed anticipatory bail to all applicants, finding no material basis to deny bail and imposing standard conditions.

Summary

The Bombay High Court heard four anticipatory bail applications filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by relatives of the deceased Nargis Faijan Shaikh in a murder case (Crime No. 234 of 2026). The FIR alleged that the deceased was subjected to cruelty by her husband and family members, with the fatal arson occurring on 15.04.2026, while the alleged cruelty against the applicants pertained to incidents in 2024. The State argued that the applicants were involved in the cruelty, whereas the applicants contended that the allegations were vague, unrelated to the 2026 incident, and that similar co‑accused had already been granted bail. The Court found the allegations against the applicants to be omnibus, noted the lack of any direct involvement in the arson, and observed no distinguishing circumstances from the co‑accused who were bailed. Consequently, the Court granted anticipatory bail to all applicants subject to strict conditions, including furnishing a bond, reporting to the investigating officer, and not tampering with evidence.

Issues considered

Whether the FIR allegations against the applicants constitute a sufficient ground to deny anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Whether there is a nexus between the alleged cruelty in 2024 and the arson incident of 15.04.2026.
Whether the applicants should be treated differently from co‑accused who were previously granted bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 3(5), 351(2), 352, 80, 85

Subjects

anticipatory bail
pre‑arrest bail
Section 482
Bharatiya Nagarik Suraksha Sanhita
Bharatiya Nyaya Sanhita
cruelty
murder
FIR
bail conditions

Judgment

ABA-422-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 422 OF 2026
Humera Furkan Shaikh … Applicant
Versus
The State of Maharashtra And Anr. … Respondents
WITH
ANTICIPATORY BAIL APPLICATION NO. 423 OF 2026
MD Javeed Shaikh … Applicant
Versus
The State of Maharashtra And Anr. … Respondents
WITH
ANTICIPATORY BAIL APPLICATION NO. 424 OF 2026
Shamshadbegam Shaikh … Applicant
Versus
The State of Maharashtra And Anr. … Respondents
WITH
ANTICIPATORY BAIL APPLICATION NO. 425 OF 2026
Furkan M. Javed Shaikh … Applicant
Versus
The State of Maharashtra And Anr. … Respondents
-----
Mr. Ritesh Thobde a/w Rajpurohit Darshan Singh, for the
Applicant.
Mr. A. A. Takalkar, APP for the Respondent – State in Anticipatory
Bail Application No. 422 of 2026.
Mr. N. B. Patil, APP for the Respondent – State in Anticipatory Bail
Application Nos. 423 of 2026 and 424 of 2026.
Mr. S. H. Yadav, APP for the Respondent – State in Anticipatory
Arjun 1
ABA-422-2026.doc

Bail Application No. 425 of 2026.
Mr. Raghvendra Kulkarni, for the Intervenor in Anticipatory Bail
Application Nos. 422 of 2026, 423 of 2026, 424 of 2026 and 425
of 2026.
-------

CORAM : ASHWIN D. BHOBE, J.
DATE : 18th August, 2026.
P.C. :

1. At the outset, Mr. Ritesh Thobde, learned Advocate for the

Applicants, states that these Applications arise out of the FIR

bearing Crime No. 234 of 2026 registered with the Vijapur Naka

Police Station, District Solapur City and therefore requests that all

these Applications be taken up together. This request is not

opposed by Ms. A. A. Takalkar, learned APP for the Respondent –

State in Anticipatory Bail Application No. 422 of 2026, Mr. N. B.

Patil, learned APP for the Respondent – State in Anticipatory Bail

Application Nos. 423 of 2026 and 424 of 2026, Mr. S. H. Yadav,

learned APP for the Respondent – State in Anticipatory Bail

Application No. 425 of 2026 and Mr. Raghvendra Kulkarni,

learned Advocate for the Intervenor in all these Applications. In

view of the same, these Applications are taken up together and

disposed of by a common order.
Arjun 2
ABA-422-2026.doc

2. Heard Mr. Ritesh Thobde, learned Advocate for the

Applicants, Ms. A. A. Takalkar, learned APP for the Respondent –

State in Anticipatory Bail Application No. 422 of 2026, Mr. N. B.

Patil, learned APP for the Respondent – State in Anticipatory Bail

Application Nos. 423 of 2026 and 424 of 2026, Mr. S. H. Yadav,

learned APP for the Respondent – State in Anticipatory Bail

Application No. 425 of 2026 and Mr. Raghvendra Kulkarni, learned

Advocate for the Intervenor in all these Applications.

3. By these Applications filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicants seek

pre-arrest bail, apprehending arrest in Crime No. 234 of 2026

registered at the Vijapur Naka Police Station, District Solapur City,

for offences punishable under Sections 85, 109, 115(2), 352,

351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS,

2023).

4. Mr. Ritesh Thobde, learned Advocate for the Applicants,

states that there are 8 Accused in Crime No. 234 of 2026. Nargis

Faijan Shaikh is the deceased.

Arjun 3
ABA-422-2026.doc

5. Mr. Ritesh Thobde, learned Advocate for the Applicants,

states that Faijan Javed Shaikh (Accused No. 1) is the husband of

deceased. Humera Furkan Shaikh (Accused No. 5) is the sister-in-

law of the deceased. MD Javeed Shaikh (Accused No. 2) is the

father-in-law of the deceased. Shamshadbegam Shaikh (Accused

No. 3) is the mother-in-law of the deceased and Furkan M. Javed

Shaikh (Accused No. 4) is the brother-in-law of the deceased.

6. In brief, the prosecution case is that the Nargis Faijan Shaikh

(“deceased”) was married to Accused No. 1. The deceased was

subjected to both physical and mental cruelty at the hands of

Accused No. 1 and his family members, including the Applicants

and three (3) other sisters-in-law of the deceased, viz. Asifa

Shaikh, Ayesha Siddiqua Amin Patel and Taskeen Arif Kazi. On

15.04.2026, Accused No. 1 set the deceased on fire by pouring

petrol with intentions to kill her. The deceased lodged a complaint

on 16.04.2026, which was registered as Crime No. 234 of 2026.

The deceased succumbed to the injuries and consequently, Section

80 of the BNS 2023 was added to Crime No. 234 of 2026.

7. Mr. Ritesh Thobde, learned Advocate for the Applicants,
Arjun 4
ABA-422-2026.doc

submits that the allegations of cruelty and harassment against the

Applicants, apart from being vague and omnibus, relate to the year

2024, whereas the incident that is the subject matter of the crime

is dated 15.04.2026. He further submits that there is no nexus

between the act committed by the Accused No. 1 on 15.04.2026

and the Applicants.

8. Mr. Ritesh Thobde, learned Advocate for the Applicants,

submits that on similar and identical facts, Asifa Shaikh (Accused

No. 6) has been granted pre-arrest bail by this Court vide order

dated 14.07.2026 passed in Anticipatory Bail Application No. 331

of 2026. Taskeen Arif Kazi and Ayesha Siddiqua Amin Patel

(Accused Nos. 7 and 8 respectively) have been granted pre-arrest

bail by this Court vide order dated 28.07.2026 passed in Criminal

Anticipatory Bail Application Nos. 377 of 2026 and 378 of 2026

respectively (Exhibit C and D, at page Nos. 44 to 52 of the

Application paper book). He submits that the Applicants are not

involved in the crime and they are willing to co-operate in the

investigation of Crime No. 234 of 2026.

9. Mr. Ritesh Thobde, learned Advocate for the Applicants,
Arjun 5
ABA-422-2026.doc

states that the Applicants do not have any criminal antecedents.

10. Dr. A. A. Takalkar, Mr. N. B. Patil and Mr. S. H. Yadav,

learned APPs in these Applications, submit that the FIR indicates

that the Applicants subjected the deceased to cruelty, resulting in

physical and mental harassment of the deceased. They further

submit that the allegations of the deceased being set on fire by

pouring petrol on 15.04.2026 are against the Accused No. 1 (i.e.

the husband of the deceased).

11. Mr. Raghvendra Kulkarni, learned Advocate for the

Intervenor, by referring to the FIR, submits that the Applicants

have harassed the deceased and that the acts alleged against them

in the FIR constitute cruelty. He submits that although on

15.04.2026, Accused No. 1 poured petrol on the deceased and set

her on fire, the Applicants cannot be said to have no connection

with the mental state the deceased was put in. He therefore

opposes the present Applications.

12. Perused the records with the assistance of the learned

Advocates.

Arjun 6
ABA-422-2026.doc

13. The FIR dated 16.04.2026 reveals that the allegations of

cruelty against the Applicants, Asifa Shaikh, Ayesha Siddiqua Amin

Patel and Taskeen Arif Kazi, relate to incidents dated 07.09.2024

and 08.09.2024.

14. Prima facie, the allegations in the FIR against the Applicants

are omnibus in nature (see Dara Lakshmi Narayana and Others vs.

State of Telangana and Another1 and Kahkashan Kausar alias

Sonam And Others v/s. State of Bihar and Others2) At any rate, the

alleged harassment referred to in the FIR is of the year 2024,

whereas the unfortunate incident occurred on 15.04.2026.

15. The FIR does not indicate that the Applicants were present at

the scene of the incident on 15.04.2026, nor does it make any

allegations against the Applicants of any overt act, such as pouring

petrol or setting the deceased on fire. Allegations regarding the

incident dated 15.04.2026 are against Accused No.1 only.

16. Asifa Shaikh, Taskeen Arif Kazi and Ayesha Siddiqua Amin

Patel (Accused Nos. 6, 7 and 8 in Crime No. 234 of 2026), against

1 (2025) 3 Supreme Court Cases 735.
2 (2022) 6 Supreme Court Cases 599.
Arjun 7
ABA-422-2026.doc

whom the allegations are identical to those of the Applicants, have

been granted pre-arrest bail by this Court. There is no material

placed on record to demonstrate any distinguishing circumstances

that would warrant a different view in the case of the Applicants.

17. Considering the above circumstances, the custodial

interrogation of the Applicants is not necessary.

18. In view of the above, these Applications are allowed on the

following terms:-

(a) In the event of arrest of the Applicants

in the Crime No. 234 of 2026 registered with the

Vijapur Naka Police Station, District Solapur City,

the Applicants shall be released on bail upon each

of the Applicants furnishing a PR bond in the sum

of Rs. 50,000/-, with two sureties in the like

amount to the satisfaction of the Investigating

Officer, Vijapur Naka Police Station, District

Solapur City.

Arjun 8
ABA-422-2026.doc

(b) The Applicants 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.

evidence in any manner.

(d) Each of the Applicants shall appear and

report to the Investigating Officer at the Vijapur

Naka Police Station, District Solapur City, on 24 th,

25th and 27th August, 2026, from 10:00 am to

12:00 pm, and thereafter as and when required by

the Investigating Officer. Applicants shall

cooperate with the Investigating Officer in the

investigation in Crime No. 234 of 2026.

(e) The Applicants shall provide the

Investigating Officer, Vijapur Naka Police Station,

District Solapur City with their residential address

Arjun 9
ABA-422-2026.doc

along with proof, their contact numbers and must

inform the Investigating Officer of any changes to

this information from time to time.

(f) The Applicant shall regularly appear

before the Trial Court whenever the proceedings

are committed to the Trial Court.

19. The observations made in this order are prima facie and are

meant to assist in deciding the Anticipatory Bail Application.

20. Criminal Anticipatory Bail Application Nos. 422 of 2026, 423

of 2026, 424 of 2026, 425 of 2026 are disposed of.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.08.19
22:00:26
+0530

Arjun 10

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