Bombay High Court

SHAKIL KHAJASAB PATELversusPASHA HUSEN PATEL AND OTHERS

Disposal: DISPOSED OFF

Holding

Anticipatory bail is granted to the applicants with stipulated conditions.

Summary

The petitioners, Shakil Khajasab Patel and others, and Pasha Husen Patel and others, applied for anticipatory bail in two separate criminal matters arising from a politically charged incident on 24 June 2026 in Nilanga, Latur. They were charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023, including offences relating to unlawful assembly and causing grievous injury. The petitioners argued that the dispute was political, that there was a possibility of false implication, and that the injuries to witnesses could not be attributed to them. The State opposed bail, contending that the petitioners were part of an unlawful assembly responsible for the injuries. The Court, noting the political context, lack of direct evidence linking the petitioners to the injuries, and the petitioners' willingness to furnish a bond and comply with conditions, granted anticipatory bail with specific conditions such as a personal bond, weekly police appearances, non‑contact with witnesses, and a deposit of Rs.5,000.

Issues considered

Whether anticipatory bail should be granted to persons alleged to have participated in an unlawful assembly causing grievous injury.
Whether the political rivalry and possibility of false implication justify the grant of bail.
Whether the conditions imposed (bond, weekly police appearance, non‑contact with witnesses, deposit) are appropriate under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

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

Subjects

anticipatory bail
political rivalry
unlawful assembly
grievous injury
Bharatiya Nyaya Sanhita
bail conditions
false implication

Judgment

                                                    923 & 929-ABA-1301-2026.odt



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

          923 ANTICIPATORY BAIL APPLICATION NO. 1301 OF 2026

                    Shakil Khajasab Patel And Others
                                VERSUS
                  The State Of Maharashtra And Another

                                 AND
          929 ANTICIPATORY BAIL APPLICATION NO. 1450 OF 2026
                                 WITH
                CRIMINAL APPLICATION NO. 3352 OF 2026

                      Pasha Husen Patel And Others
                                VERSUS
                  The State Of Maharashtra And Another
                                   ...

Mr. More P. P., Advocate for the Applicant in ABA No.1301 of 2026.
Mr. Tukaram Maruti Venjane, Advocate for the Applicant in ABA No.1450 of
2026.
Mr. S. P. Joshi, APP for the Respondent – State in ABA No.1301 of 2026.
Mr. S. B. Narawade, APP for the Respondent – State in ABA No.1450 of
2026.
                                       ...

                                               CORAM : R.M. JOSHI, J
                                               DATE  : AUGUST 21, 2026

P. C. :

1.           The applicants in both the matter seek pre-arrest bail in

connection with two different crimes. By consent of both sides, both the

applications are heard and decided together.

2.           The applicants apprehend their arrest in connection with C.R.

No. 280 of 2026 and C.R. No. 0281 of 2026 registered with Nilanga Police

Station, Tq. Nilanga, District Latur for the offences punishable under


                                 Page 1 of 4
                                                       923 & 929-ABA-1301-2026.odt



Sections 109(1), 118(1), 115(2), 352, 351(2), 351(3), 189(2), 190, 191(1)

and 191(2) of Bharatiya Nyaya Sanhita, 2023.

3.           Learned counsel for the applicants submits that there is

political rivalry between the parties, which could be seen from First

Information Report as well as the documents placed on record. It is their

submission that in such circumstances, the possibility of false implication

cannot be ruled out.     According to them, in any case, considering the

counter-reports lodged in respect of the incident occurred on 24 June 2026,

it would be difficult to attribute any specific intention to any of the accused

to cause any particular injury.

4.           It is further sought to be argued that, in both cases, one witness

each has sustained grievous injury, however, the said injury is not

attributable to the present applicants. The learned Advocates for the

applicants, on instructions, make statements that the applicants were

voluntarily ready to deposit a sum of Rs.5,000/- in each application with the

High Court Legal Services Authority, Sub-Committee, Aurangabad.

5.           According to learned counsel for the applicants, appropriate

directions to the applicants to appear before the Investigation Officer would

be sufficient for the pending investigation.

6.           Learned APP appearing in both the cases opposes the grant of

any protection to the applicants. It is their contention that this is a case

wherein the applicants were part of unlawful assembly and, as such, they


                                   Page 2 of 4
                                                          923 & 929-ABA-1301-2026.odt



are responsible for the acts of each other. Reference is made to the injury

certificates indicating causing of grievous injury to two witnesses.

7.           Perusal of the record indicates that there are disputes between

the parties which are politically in nature.

8.           Furthermore, lodging of cross-reports in respect of the incident

indicates that, on 24 June 2026, some incident had definitely taken place.

As observed by the learned Addl. Sessions Judge, it seems to be a case of a

free fight between two groups.

9.           In such circumstances, it would be difficult to attribute

intentional injuries to the applicants. In any case, on the basis of the FIR as

well as the statements of the witnesses, the grievous injury caused to two

persons are not attributable to the present applicants.

10.          Having regard to the said facts and circumstances, despite the

learned APP opposed the applications, the liberty of the applicants will be

protected. Hence, the order:

                                   ORDER

(i)    Criminal Anticipatory Bail Applications are allowed.

(ii)   In the event of arrest of the Applicants in connection with
       C.R. No. 280 of 2026 and C.R. No. 281 of 2026 registered
       with Nilanga Police Station, Tq. Nilanga, District Latur for the
       offences punishable under Sections 109(1), 118(1), 115(2),
       352, 351(2), 351(3), 189(2), 190, 191(1) and 191(2) of
       Bharatiya Nyaya Sanhita, 2023, they shall be released on bail
       on furnishing PR bond of Rs. 15,000 (Rupees Fifteen
       Thousand Only) each with one surety in the like amount.

                                   Page 3 of 4
                                                              923 & 929-ABA-1301-2026.odt




(iii)         They shall attend the concerned police station once in a week
              till filing of the charge-sheet.

(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.

(vii)         The applicants are directed to deposit amount of Rs.5,000/-
              in each cases as voluntarily undertaken within a period of one
              week.

12.                Pending application stands disposed of.


                                                             (R. M. JOSHI, J.)
Kiran Kawre




                                         Page 4 of 4

Continue reading with your account

Checking your session…