XYZversusQUAZI AFFAN AHMED AND OTHERS

2026:BHC-AUG:26563




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                     ANTICIPATORY BAIL APPLICATION NO. 648 OF 2026

                                  Quazi Affan Ahmed And Another
                                             VERSUS
                                    The State Of Maharashtra

                      WITH CRIMINAL APPLICATION NO. 2139 OF 2026
                                   IN ABA/648/2026
                                         Xyz
                                        VERSUS
                                  Quazi Affan Ahmed And Others

           Mr. S. G. Sonawane, Advocate for applicants
           Ms. P. J. Bharad, APP for respondent-State

                                                 CORAM       : R. M. JOSHI, J.
                                                 DATE        : 07th JULY, 2026

           PER COURT :-

           1.           Applicants seek bail in connection with Crime No. 0685 of

           2025      registered   with   Cidco   Police   Station,   Dist.   Chhatrapati

           Sambhajinagar, for the offences punishable under Section 309(4),

           189(2), 74, 75, 115(2), 352, 351(2), 324(4), 324(5) of the Bhartiya

           Nyaya Sanhita, 2023.


           2.           Muskan Salim Pathan claims herself to be an Advocate,

           lodged report with the police alleging occurrence of incident on

           15.11.2025 in which she was abused, assaulted and her modesty was

           outraged. There is also allegation that the applicants accused has



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snatched mobile phone as well as money from her.


3.          Learned Counsel for the applicants, at the outset, drew

attention of this Court to the information sought from Bar Council of

Maharashtra and Goa indicating that informant is not an Advocate. It is

her further submission that since the informant is not an Advocate,

question of she being engaged for any legal work and any money to be

paid to her does not arise. She also drew attention of the Court to the

N.C. Report lodged by mother of the applicant which is previous in time

indicating that informant and her parents went to the house of the

applicant and threatened them to pay amount and in failure thereto

further threatened them to involve applicant in a false crime. On the

basis of these facts on record, according to her, there would be no

reason to accept the allegations made in the First Information Report to

be true. Hence, liberty of the applicants deserves to be protected.


4.          Learned    APP   opposed grant of any protection to              the

applicants on the ground that there are specific allegations against the

applicants in the First Information Report.


5.          Learned    Counsel   for   the    informant   also   opposes     the

application. On specific query made by this Court with regard to as to

whether informant is an advocate, on instructions, he makes statement




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that informant is not an Advocate. In response thereto, learned Counsel

for the applicants has drawn attention of the Court to the First

Information Report indicating that the occupation of the informant is

shown to be Advocate.


6.          Prima facie, this Court finds substance in the contention of

the learned Counsel for the applicant that this could be a case of false

implication. The reason there for is that informant misrepresented police

by projecting herself to be an Advocate. She sought to lodge report

pretending that she had taken brief of the applicant and for that purpose,

a sum of Rs. 50,000/- was due to be payable to her by applicant as legal

fees. On the basis of document on record in the form of information

received from the Bar Council of Maharashtra and Goa, it can be seen

that the informant is not an Advocate. Moreover, statement is made on

behalf of the informant also confirmed the fact that she is not an

Advocate, she is studying law.


7.          First Information Report clearly shows that informant has

pretended herself to be an Advocate and her contention about any

payment to be made to her towards court case does not arise. There is

reason to believe the arguments of learned Counsel for applicant that

this could be a case of false allegations being made against applicant.

Applicants, therefore, entitled for pre-arrest bail. In such circumstance,


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protection is required to be issued to the concerned Investigation Officer.

Hence the order :-

                                   ORDER

              (i)   Application is allowed.

              (ii)  In the event of arrest of applicant in connection with
              Crime No. 0685 of 2025 registered with Cidco Police
              Station, Dist. Chhatrapati Sambhajinagar, for the offences
              punishable under Section 309(4), 189(2), 74, 75, 115(2),
              352, 351(2), 324(4), 324(5) of the Bhartiya Nyaya
              Sanhita, 2023, they shall be released on bail on furnishing
              PR Bond of Rs.15,000/- (Rupees Fifteen Thousand only)
              each with one solvent surety in the like amount.

              (iii) They shall attend the concerned police station as
              and when called by the Investigating Officer with written
              intimation.

              (iv) They shall not contact the witnesses directly or
              indirectly.

              (v) They shall not interfere with the evidence in any
              manner whatsoever.

              (vi) They are       further directed to cooperate       the
              investigating agency for further investigation.


8.            Investigating Officer is directed to take appropriate action

as provided by law against the informant.


9.            Pending application, if any, stands disposed of.



                                                        (R. M. JOSHI, J.)

B. S. Joshi




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