Bombay High Court

ABUHUZAIFA MAKALU BEG @ BABLUversusSTATE OF MAHARASHTRA

Decided: 13 January 2026
Disposal: Allowed
Bench: N R BORKAR

Holding

The court allowed the anticipatory bail application, directing release on execution of a Rs. 25,000 bond and cooperation with investigation.

Summary

The applicant sought anticipatory bail fearing arrest in Crime No. 829 of 2025 for offences under the Bharatiya Nyaya Sanhita, 2023 and the Maharashtra Police Act. The prosecution alleged that the applicant and co‑accused assaulted the first informant with a stick and knife, causing grievous injuries. The applicant contended that the FIR was false, filed as retaliation for an earlier complaint by his nephew, and that he has no prior criminal record. The State argued that the seriousness of the alleged assault warranted denial of bail. Considering the lack of antecedents and the circumstances, the court granted anticipatory bail, directing the applicant to execute a Rs. 25,000 bond and cooperate with the investigation.

Issues considered

Whether anticipatory bail should be granted to the applicant despite allegations of assault causing grievous injuries under the Bharatiya Nyaya Sanhita, 2023 and Maharashtra Police Act.
Whether the claim of a false FIR and the applicant's clean criminal record justify the grant of bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 3(5), 351(2), 352
Maharashtra Police Act — s. 135

Subjects

anticipatory bail
assault
grievous injury
Bharatiya Nyaya Sanhita
Maharashtra Police Act
false FIR
bail bond

Judgment

                                                                909-aba-61-26.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 61 OF 2026

Abuhuzaifa Makalu Beg @ Bablu                            …Applicant
     V/s.
The State of Maharashtra                                 ...Respondent.

                              …………..
Adv. Milan Desai for the Applicant.
Mr.P.H. Gaikwad, APP for the Respondent/State.
PSI Bhagwan Pawar, Kurar Police Station is present.
                             …………..
                           CORAM :         N.R. BORKAR, J.
                           DATE      :     13.01.2026.
P.C. :

1.       This is an application for anticipatory bail.


2.       The applicant is apprehending his arrest in Crime No. 829 of
2025 registered at Kurar Village Police Station for the offences
punishable under Sections 115(2), 118(1), 352, 351(2) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023 and Section 135 of the
Maharashtra Police Act.


3.       It is the case of the prosecution that on the date of incident,
which took place on 24th October 2025, on account of previous
dispute the present applicant and other co-accused assaulted the
first informant by stick and knife. It is alleged that due to said
assault, the first informant sustained grievous injuries.


4.       I have heard the learned counsel appearing for the applicant
and the learned APP appearing for the respondent / State.


Dinesh S. Sherla                        1/3
                                                                 909-aba-61-26.doc


5.       Learned counsel for the applicant submits that on the date of
alleged incident the first informant in the present crime had
assaulted the nephew of the applicant. It is submitted that report
was thus lodged against the first informant on the basis of which
FIR is registered against the first informant. It is submitted that
present false FIR is lodged against the applicant as a counterblast
to the said FIR lodged by the nephew of the applicant against the
first informant. Learned counsel for the applicant submits that
there are no other criminal antecedents against the applicant.


6.       On the other hand, learned APP for the respondent /State
submits that the applicant and other co-accused assaulted the
first informant with the knife. It is submitted that considering the
nature of crime, the applicant may not be released on anticipatory
bail.


7.       The alleged assault with the knife is attributed to the co-
accused. 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 C.R. No.829 of
         2025 registered at Kurar Village Police Station for the
         offences punishable under Sections 115(2), 118(1), 352,

Dinesh S. Sherla                           2/3
                                                               909-aba-61-26.doc


         351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
         Section 135 of the Maharashtra Police Act, he be released on
         bail on executing P.R. Bond in the sum of Rs.25,000/- with
         one surety or two sureties in the like amount.


         C)        The applicant shall attend the concerned police station
         as and when called by the Investigating Officer and shall
         cooperate in the investigation.


                                                  [N.R.BORKAR, J.]




Dinesh S. Sherla                          3/3

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