Bombay High Court

SAIF KHAN ASIF KHANversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF
Bench: MEHROZ K PATHAN

Holding

Anticipatory bail is granted subject to strict conditions imposed by the Court.

Summary

The applicant, Saif Khan, sought anticipatory bail in connection with an alleged assault involving a knife and a wooden log, charged under Sections 118(2), 351(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that the applicant inflicted a knife wound on the complainant's back, but the medical certificate showed injuries on the head and wrist, not the back, and the complainant later filed an affidavit stating no objection to the applicant's release. The applicant also highlighted a prior settlement of the dispute and his willingness to comply with court‑imposed conditions. The State opposed bail, citing the seriousness of the offence and the applicant’s criminal history. After reviewing the material, the Court granted anticipatory bail with a personal bond and a series of conditions, and disposed of both the bail application and the assisting‑prosecution application.

Issues considered

Whether anticipatory bail should be granted in a case of alleged voluntary causing of grievous hurt with a dangerous weapon under the Bhartiya Nyaya Sanhita.
Whether the complainant's affidavit of no objection and the settlement of the dispute outweigh the seriousness of the alleged offence.
Whether the applicant's prior criminal history precludes the grant of anticipatory bail.
What conditions may be imposed to ensure the applicant does not tamper with evidence or threaten witnesses.

Legislation cited

Bhartiya Nyaya Sanhita — s. 183
Bhartiya Nyaya Sanhita, 2023 — s. 118(2), 3(5), 351(2), 352
Indian Penal Code, 1860 — s. 324, 420

Subjects

anticipatory bail
assault
dangerous weapon
Bhartiya Nyaya Sanhita
bail conditions
settlement affidavit
criminal history

Judgment

2026:BHC-AUG:15266

1 969.ABA-57-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 57 OF 2026
SAIF KHAN ASIF KHAN
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
WITH
CRIMINAL APPLICATION NO. 1200 OF 2026
IN ABA/57/2026
SHAIKH UMER SHAIKH NASIRODDIN
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
…
Advocate for Applicant : Mr. Hange Rajendra G.
APP for Respondents/State : Mr. D. J. Patil
Advocate for assisting prosecution : Mr. Sajed W. Khan
…

CORAM : MEHROZ K. PATHAN, J.
DATE : 8th APRIL 2026

PER COURT :
1. Heard the learned Counsel Mr. Hange for the Applicant,
learned Assisting Counsel Mr. Khan and the learned APP Mr. Patil for
the Respondent/State.

2. The Applicant has approached this Court, seeking
anticipatory bail application in connection with Crime No.146/2025
registered with Begumpura Police Station, District Aurangabad for
the offences punishable under Sections 118(2), 351(2), 352, 3(5) of
the Bhartiya Nyaya Sanhita, 2023.
2 969.ABA-57-2026.doc

3. The case of the prosecution is that on 21.06.2025 at about
02:00 p.m. the Informant received phone call of the Applicant. He
threatened the Informant and called him at Town Hall. The
Informant went to Town Hall and he saw the Applicant Saif and co-
accused Nazir. Applicant assaulted him with knife while Nazir
assaulted him with wooden log. On the basis of report and injury
certificate, crime came to be registered against the Applicant and co-
accused.

4. The learned Counsel further submits that the Applicant is
falsely implicated in the present crime. The allegations against the
Applicant state that he gave a knife blow on the back of the
complainant. However, the injury certificate shows that the
complainant did not receive any injury on his back. The injury
certificate annexed with the charge-sheet filed against the accused
persons indicates that the victim suffered injuries on the parietal
region of his head and on the wrist of his right hand. These injuries
are attributed to another assailant/Nazeer, who was also alleged to
have used a knife to inflict blows on the complainant. The accused
Ishaq and Nazeer are already arrested and released on regular bail.
The statement of the complainant under Section 183 BNSS is
recorded wherein he again reiterates that the Applicant has assaulted
the complainant by knife on his back however there is no injury
found on the back of the complainant. The Applicant was earlier
involved in two crimes one is under Section 420 IPC for cheating and
another was under Section 324 IPC and other relevant sections. The
3 969.ABA-57-2026.doc

complainant is also a history-sheeter against whom two offences are
registered. However, the Applicant and the complainant are near
relatives. As per the advice of the senior members of the family, the
dispute between the Applicant and the complainant has been
amicably resolved. Accordingly, the complainant has filed an affidavit
giving no objection to the release of the Applicant. The Applicant is
ready to abide by any conditions that may be imposed by this Court.
Hence the Applicant may be protected.

5. As against this, the learned APP and the learned Assisting
Counsel strongly oppose the present application on the ground that
the Applicant is involved in the serious offence of voluntary causing
grievous hurt by means of dangerous weapon which is punishable
with life imprisonment. There are direct allegations against the
Applicant of using dangerous weapon knife to inflict injury upon the
victim complainant. The Applicant is a criminal history-sheeter and
there is every likelihood that the Applicant if released on bail, may
again commit identical offences. Hence this is not a fit case to grant
anticipatory bail to the Applicant.

6. I have gone through the investigation papers made available
by the learned APP. The other co-accused Ishaq and Nazeer are
already arrested and released on regular bail. The charge-sheet is
filed in the present crime. The perusal of the statement of the
complainant under Section 183 BNSS would show that the
complainant has again stated about the assault by the Applicant on
4 969.ABA-57-2026.doc

the back of the complainant. However the injury certificate placed
along with charge-sheet does not show any such injury sustained by
the victim complainant.
. Be that as it may, these are observations prima facie in
nature made only with the purpose of deciding the application and
may not influence the trial Court. Taking into consideration the
limited role of the Applicant and the medical injury certificate of the
complainant and also the fact that the Applicant has settled the
dispute with the complainant and the complainant has filed the
separate affidavit along with the application for assisting prosecution.
I am inclined to protect the Applicant, however upon certain
conditions. Hence, the following order:
ORDER
(i) In the event of arrest of the Applicant - Saif Khan Asif Khan in
connection with Crime No.146/2025 registered with Begumpura
Police Station, District Aurangabad for the offences punishable under
Sections 118(2), 351(2), 352, 3(5) of the Bhartiya 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 :

(ii) The Applicant is directed to attend Begumpura Police Station,
District Aurangabad on 15th, 16th, 22nd, 23rd, 29th, and 30th April of
2026 between 11:00 am. to 01:00 pm. and thereafter as and when
called by the Investigating Officer, till filing of the charge-sheet.
5 969.ABA-57-2026.doc

(iii) The Applicant is directed not to tamper with the evidence and
shall not threaten the complainant or the witnesses.

(iv) The Applicant shall not enter the jurisdiction of Begumpura
Police Station until the framing of the charge-sheet, except for
attending the aforementioned dates.

(v) The Applicant shall attend the trial on each and every date
unless so exempted by the trial Court on emergency conditions.

(vi) The Applicant shall submit his Aadhar and PAN Cards to the
Investigating Officer and detailed addresses and phone numbers of
himself and two of the near relatives.

(vii) A single violation of the aforesaid conditions, would entitle the
prosecution to seek cancellation of bail of the Applicant on that
ground.

(viii) With the aforesaid directions, the application is disposed of.

(ix) The application for assisting the prosecution is also disposed
of.

MEHROZ K. PATHAN
JUDGE

NAJEEB..

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