Bombay High Court
SHAHEEN MOHAMMED ASLAM MANIHARversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NEELA KEDAR GOKHALE
Holding
Bail is granted to the applicant subject to conditions and a cash bond of Rs.25,000.
Summary
Shaheen Mohammed Aslam Manihar applied for bail in a case (C.R.No.297 of 2025) involving alleged assault, disrobing, hair cutting and bodily injury of the complainant under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The FIR details a financial dispute that escalated to the alleged violent act, and the applicant was arrested on 13 May 2025. The State argued that video evidence and a medical certificate established prima facie guilt, while the applicant’s counsel highlighted her gender, four minor children, a serious medical condition (cyst requiring surgery), and lack of prior record. The court noted the seriousness of the offences but gave weight to the humanitarian factors and the absence of antecedent criminal history. Consequently, the court granted bail on a cash bond of Rs.25,000 with two sureties and imposed standard conditions, including regular court appearances and restrictions on contact with witnesses.
Issues considered
- Whether bail should be granted despite prima facie evidence of serious offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the applicant's gender, health condition, and responsibility for minor children justify bail.
- Whether the proposed surety and cash bond are sufficient under the law.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 118(2), 127(2), 3(5), 351(3), 352, 356(3), 74, 76
Subjects
- bail
- criminal procedure
- gender considerations
- medical condition
- minor children
- assault
- Bharatiya Nyaya Sanhita
Judgment
Prasad Rajput
(P.A.) 22_BA_3735_2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3735 OF 2025
Shaheen Mohammed Aslam Manihar …Applicant
Versus
State of Maharashtra …Respondent
Mr. Sanjeev Mishra, for the Applicant.
Mr. Mayur Sonavane, APP for the Respondent - State.
API – Rekha Patil, Waliv Police Station, MBVV, present.
CORAM DR. NEELA GOKHALE, J.
DATED: 17TH JANUARY 2026
PC:-
1. By this Application, the Applicant seeks her
enlargement on bail in connection with C.R.No.297 of 2025
dated 12th April, 2025 registered with the Waliv Police Station,
District: Mira Bhaindar, Vasai Virar, for the offences
punishable under Sections 115(2), 118(1), 118(2), 127(2),
3(5), 351(3), 352, 356(3), 74 and 76 of the Bharatiya Nyaya
Sanhita, 2023 (for short ‘BNS’).
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Prasad Rajput
(P.A.) 22_BA_3735_2025.doc
2. The facts of the case, as discerned from the FIR,
are that there was some financial transaction between the
First Informant, Alimun Nisa Manihar, and the Applicant and
her husband. The First Informant has stated that the Applicant
and her husband had demanded Rs.13,00,000/-, which
advanced as loan to the Applicant and her husband. The
Applicant’s husband called the First Informant and her
husband near the Shalimar Hotel to collect the said amount.
When the First Informant went to the Applicant’s house, she
was allegedly locked in a bedroom, disrobed by the Applicant
and her husband, assaulted by them, and made to sit on a
sofa, whereupon the Applicant cut her hair. Thus, the
allegation of the First Informant is that she was assaulted by
Applicant and her husband by disrobing her, tearing her
burkha, physically assaulting her, and cutting her hair. It is
further alleged that the Applicant and her husband inflicted a
cut on her cheek using a blade. Thereafter, the First Informant
was taken to a hospital, where the doctor dressed her wound
and sent her home.
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Prasad Rajput
(P.A.) 22_BA_3735_2025.doc
3. The First Informant filed a complaint against the
Applicant and her husband, pursuant to which the FIR was
registered. The Applicant and her husband were arrested on
13th May, 2025, and since then, they are in custody.
4. The Applicant made an application seeking bail
before the Additional Sessions Judge, Vasai, however, by order
dated 9th July, 2025, the said application was rejected. Hence,
the Applicant has filed the present Bail Application for the
reliefs as prayed.
5. Mr. Mishra, learned counsel for the Applicant,
submits that the Applicant is a woman and has four minor
children. At present, there is nobody to look after them, and
they are being housed in the home of a distant relative. He
further submits that Applicant is unwell and was admitted to
the Sir J.J. Group of Hospitals on two occasions. She is
diagnosed with a cyst, requiring immediate and continuous
medical follow-up. He further submits that no offence is made
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Prasad Rajput
(P.A.) 22_BA_3735_2025.doc
out against the present Applicant, and therefore, prays that
the Applicant be released on bail.
6. Mr. Sonavane, learned APP representing the State,
has drawn my attention to the detailed allegations contained
in the statement of the First Informant. He has also drawn my
attention to the video recording alleged to have been made by
the Applicant and her husband, and the Panchanama relating
thereto. The same clearly shows the Applicant and her
husband disrobing the First Informant, cutting her hair and
assaulting her. He also pointed to the medical certificate on
record. He submits that the offence is serious and there is
prima facie evidence sufficient to form a reasonable belief that
the Applicant has committed the said offence. Thus, he prays
that the application be rejected.
7. I have heard learned counsel for the respective
parties and perused the record of the case with their
assistance.
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Prasad Rajput
(P.A.) 22_BA_3735_2025.doc
8. Prima facie it is clear from the recording that the
applicant and her husband jointly assaulted the First
Informant, and the present Applicant, in fact, cut her hair. Be
that as it may, the Applicant is arrested on 13 th May, 2025 and
has four minor children. There is nobody to look after the said
children.
9. The Applicant, being a woman, is also stated to be
suffering from a medical condition, namely the development
of a cyst in her body, which requires surgery. In view of these
circumstances only, i.e. the Applicant is a woman; has to look
after four minor children; is suffering from medical condition;
and that there is no antecedent against the Applicant, I am
inclined to release the Applicant on bail. It is accordingly
ordered as under:-
ORDER
i) The Applicant be enlarged on bail, on
executing PR Bond in the sum of Rs.25,000/ with
one or two local sureties in the like amount;
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Prasad Rajput
(P.A.) 22_BA_3735_2025.doc
ii) The Applicant is permitted to furnish
provisional cash bail of Rs.25,000/- for her release
immediately and file undertaking that she will
provide one or two local sureties in the like amount
of Rs.25,000/- within a period of four weeks after her
release, which shall be accepted by the Trial Court.
The Applicant shall provide the sureties as directed;
iii) The Applicant shall attend the Trial Court
concerned on each and every date unless exempted
by the orders of the Trial Court concerned;
iv) The Applicant shall also attend the Police
Station concerned once in a month between 11:00
a.m. to 02:00 p.m., till the charges are framed;
v) If the Applicant has not deposited her
passport, if any, the Applicant shall deposit the same
with the Police Station concerned;
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Prasad Rajput
(P.A.) 22_BA_3735_2025.doc
vi) The Applicant shall not leave India, without
the permission of the Trial Court;
vii) The Applicant shall not tamper or attempt to
influence or contact the complainant, witnesses or
any person concerned with the case;
viii) The Applicant shall inform her latest place of
residence and contact number immediately after
being released and / or change of residence or
mobile details, if any, from time to time to the Court
seized of the matter and to the Investigating Officer
of the Police Station concerned;
ix) The Applicant to co-operate with the conduct
of the trial;
x) Any infraction of the aforesaid conditions
shall entail cancellation of bail.
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Prasad Rajput
(P.A.) 22_BA_3735_2025.doc
10. Application is allowed in the above terms and is
accordingly disposed of.
11. It is made clear that the observations made herein
are prima facie and are confined to this Application and the
learned Trial Judge to decide the case on its own merits,
uninfluenced by the observations made herein.
(DR. NEELA GOKHALE, J)
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