AMJAD ALIAS PAPPU AJMAL KHANversusTHE STATE OF MAHARASHTRA

2026:BHC-AUG:23729
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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           947 BAIL APPLICATION NO. 900 OF 2026

                                Amjad @ Pappu S/o. Ajmal Khan
                                          VERSUS
                                  The State Of Maharashtra

                                              WITH

                 CRIMINAL APPLICATION NO. 1850 OF 2026 IN BA/900/2026

                               Mohd Javeed Gulam Mohiuddin
                                           VERSUS
                             The State of Maharashtra and Another

                                                ......
          Mr. PP. Giri, Advocate h/f Mr. Y.G. Kasod, Advocate for Applicant
          Mr. S.A. Gaikwad, APP for Respondent-State
          Mr. G.R. Syed, Advocate for the Assist to APP
                                                ......

                                          CORAM : SIDDHESHWAR S. THOMBRE, J.
                                          DATE       : 17 JUNE, 2026
          PER COURT :

          1.     Heard learned counsel Mr. P.P. Giri, Advocate holding for Mr. Y.G.

          Kasod, for the applicant, learned APP for respondent-State and learned

          counsel Mr. G.R. Syed for assisting the APP.


          2.     Criminal Application No.1850 of 2026 is filed seeking permission to

          assist the learned APP. For the reasons stated therein, the application is

          allowed. The applicant therein is permitted to assist the learned APP. The

          application stands disposed of accordingly.
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3.     By the present application, the applicant seeks his release on bail in

connection with Crime No. 456 of 2025 registered with Shivajinagar Police

Station, District Nanded, for the offences punishable under Sections 109,

324(4), 115(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.


4.     Learned counsel for the applicant submits that the crime came to be

registered on the basis of a report lodged by one Moij Mohiuddin alleging

that the applicant assaulted Mohammad Javed, cousin of the informant, by

means of a sword. It is submitted that though allegations are made

regarding assault by a deadly weapon, the injuries sustained by the injured

have ultimately been certified to be simple in nature. Learned counsel

further submits that the investigation is complete and charge-sheet has

already been filed. The applicant is in custody since 13.02.2026. According

to him, no further custodial interrogation of the applicant is necessary. He

submits that the applicant is ready and willing to abide by any condition

that may be imposed by this Court. On these grounds, he seeks grant of bail.


5.     Per contra, learned APP and learned counsel assisting the

prosecution strongly oppose the application. They submit that the applicant

had actively participated in the assault and inflicted sword blows on the

victim. The weapon used in the commission of the offence has also been

recovered. It is further submitted that the applicant has criminal antecedents

and was convicted in Sessions Case No.24 of 2014. According to them,

considering the specific role attributed to the applicant and the nature of the
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allegations, no case for grant of bail is made out. They further apprehend

that, if released on bail, the applicant may influence prosecution witnesses

and indulge in similar activities. Hence, they pray for rejection of the

application.


6.     have considered the submissions advanced by the learned counsel for

the applicant, learned APP for the State and learned counsel assisting the

prosecution. I have also perused the FIR, charge-sheet and the material

placed on record.


7.     However, the material collected during investigation indicates that

the injuries sustained by the injured have been opined to be simple in

nature. The investigation is complete and charge-sheet has already been

filed. The applicant has been in custody since 13.02.2026. Therefore, his

further custodial of the applicant is not necessary. Though the prosecution

has pointed out the antecedents of the applicant and the recovery of the

weapon, those circumstances cannot be grounds to deny bail indefinitely,

particularly when the investigation is over and the injuries suffered by the

injured are simple in nature. The apprehension expressed by the prosecution

regarding tampering with evidence or influencing witnesses can be

adequately addressed by imposing stringent conditions. Hence, the

following order:


                                     ORDER

I.     The application is allowed.
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II.        Applicant – Amjad @ Pappu S/o Ajmal Khan be released on bail in
connection with Crime No. 0456 of 2025 registered with Shivajinagar Police
Station, District Nanded, for the offences punishable under Sections 109,
324(4), 115(2), 352, 3(5) of of the Bharatiya Nyaya Sanhita, 2023, on
executing a Personal Recognizance Bond of Rs.15,000/- (Rupees Fifteen
Thousand only) with one solvent surety in the like amount, subject to the
following conditions:

(a)        Till conclusion of the trial, the applicants shall not enter the
territorial limits of District Nanded except for attending the proceedings
before the Trial Court.


(b)        The applicants shall furnish to the Investigating Officer their mobile
numbers and complete residential addresses of the place where they intend
to reside outside District Nanded and shall keep the Investigating Officer
informed of any change therein.


(c)        The applicant shall not tamper with the prosecution evidence and
shall not threaten or induce prosecution witness.


(d)        In the event of breach of any of the aforesaid conditions, it shall be
open for the prosecution to move the competent Court for cancellation of
bail.


III.       Needless to state that the observations made herein are prima facie
in nature and confined to the adjudication of the present bail application.
The Trial Court shall not be influenced by any of the observations made in
this order while deciding the case on its own merits.



                                              [ SIDDHESHWAR S. THOMBRE ]
                                                        JUDGE
S P Rane