IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 852 OF 2025 Ayyaj Nasiroddin Momin And Others VERSUS The State Of Maharashtra WITH CRIMINAL APPLICATION NO. 2101 OF 2025 IN ABA/852/2025 Kakasaheb Radhkisan Kanse VERSUS Ayyaj Nasiroddin Momin And Others Mr. A. S. Radikar and Mr. S. N. Gaikwad, Advocate for applicant Mr. N. R. Dayama, APP for respondent-State CORAM : R. M. JOSHI, J. DATE : 11th AUGUST, 2026 PER COURT :- 1. Applicants seeks pre-arrest bail in connection with Crime No. 230 of 2025 registered with Ambad Police Station, Dist. Jalna, for the offences punishable under Sections 109, 118(1), 189(2), 190, 191(2), 191(3), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023. 2. First Information Report indicates occurrence of incident on 27.04.2025 in which informant and the witnesses were assaulted by the applicants and co-accused. There is allegation against applicants that they used iron pipes and spade in order to cause injuries to the informant and witnesses. It is further claimed that in the said incident, 949-ABA-852-2025_.odt 1 of 3 2026:BHC-AUG:35007 serious injuries were caused to the informant and witnesses and therefore, offences punishable under Section 109 of the Bharatiya Nyaya Sanhita may also applicable to the case. 3. Learned Counsel for the applicants submits that there are counter report in respect of the said incident. This according to him indicates that it was a case of free fight and as such intentional injuries cannot be attributable to the applicants. He makes a statement that charge sheet has been filed after completion of investigation as such custodial interrogation of the applicants is not necessary. It is his further submission that pursuant to the interim relief granted to the applicants, applicant co-operate in the investigation by causing appearance before the Investigating Officer. 4. Learned APP opposed grant of protection to the applicants by referring to the allegations against them in the First Information Report which according to him are supported by the Injury Certificates on record. 5. Prima facie perusal of the record indicates that there are two reports lodged in respect of the same incident. Further admittedly both sides sustain injuries. In the light of these facts, injury certificates of the informant and witnesses show that simple injuries were caused to them. 949-ABA-852-2025_.odt 2 of 3 This Court finds substance in the contention of the learned Counsel for the applicants that considering the free fight occurred between two groups, it is difficult to attribute specific/intentional injury against applicants. In any case now charge sheet is filed and investigation is over, liberty of the applicants was protected by order dated 18.06.2025. There is no grievance of the Investigating Agency of non cooperation on the part of the applicants in the investigation. There is no abuse of liberty by them. 6. Application stands allowed by confirming interim relief granted by order dated 18.06.2025. 7. Pending application, if any, stands disposed of. (R. M. JOSHI, J.) B. S. Joshi 949-ABA-852-2025_.odt 3 of 3