922 ABA-2585-2026.DOC skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2585 OF 2026 Ziaulla Rajaulla Warasi @ Tarique Rajaulla Warasi …Applicant Vs. State of Maharashtra …Respondent Mr. Mihir Kasliwal, for the Applicant. Mrs. M.R. Tidke, APP for the Respondent-State. CORAM: MADHAV J. JAMDAR, J. DATE : 23rd SEPTEMBER, 2026 P. C.: 1. Heard Mr. Kasliwal, learned counsel appearing for the Applicant and Mrs. Tidke, learned APP for the State. 2. By this application filed under Section 482 of the Bharatiya Nyaya Suraksha Sanhita, 2023, the Applicant is seeking pre-arrest bail in connection with C.R. No.298 of 2025 registered with Indranagar Police Station, Nashik City for the offences punishable under Sections 103(1), 61(2), 189, 189(4) and 190 of the Bharatiya Nyaya Sanhita, 2023, Section 7 of Criminal Law (Amendment) Act, 1932, Section 4 and 25 of the Arms Act, 1959 and Section 153 of Maharashtra Police Act, 1951. 23rd September, 2026 922 ABA-2585-2026.DOC skt 3. The prosecution case is set out in paragraph No.2 of the order dated 24th August 2026 passed by the learned Additional Sessions Judge-10, Nashik in Criminal Bail Application No. 1561 of 2026, which reads as under :- “2 Heard counsel for the applicant, APP for the State and perused the say. The matter pertains to a murder of an history sheeter Rashid Khan. He was at loggerheads with one Gayasuddin Warasi. Both the mobsters were having a tussle over controlling the area around the Ambad area. On 25.09.2025, Gayasuddin set up a honey trap through a lady child in conflict with law. She lured Rashid Khan to a cafe where his gang members were ready with weapons. Rashid Khan was murdered at the spot.” 4. It is the submission of Mr. Kasliwal, learned counsel appearing for the Applicant that the Applicant’s name is not mentioned in the F.I.R.. He submits that there are total 17 accused out of which, 15 accused have been arrested and 4 adults and 5 juvenile accused have been released on bail. He submits that his name is disclosed during the investigation by the co-accused and 23rd September, 2026 922 ABA-2585-2026.DOC skt therefore the same will have no evidentiary value. He submits that there are no criminal antecedents against the Applicant. 5. On the other hand, Mrs. Tidke, learned APP submits that offence is very serious where murder of Rashid Khan has been committed. She submits that this is a case where the dispute is between the two gangs; one led by Gayasuddin, who is the brother of the present Applicant and another gang led by the First Informant-Ibrahim Haroon Khan. She submitted that there are frequent fights between these two gangs and as a result of the same, the deceased Rashid Khan, who is the brother of the First Informant had been killed. She therefore submits that custodial interrogation is absolutely essential. She submits that the Applicant is the main conspirator. 6. Perusal of the record shows that as per the prosecution case, there are two gangs one led by Gayasuddin @ Gas Raza Warasi and another by the First Informant-Ibrahim Haroon Khan. Hashim, the brother of the First Informant and said Gayasuddin were good friends and both of them were in jail for offence of commission of murder at Sinnar and both of them were attending the Court dates. 23rd September, 2026 922 ABA-2585-2026.DOC skt Said Gayasuddin was involved in another crime of firing and in that case, he took the name of Hashim Khan, i.e., brother of the Applicant and therefore, there were disputes between the two gangs, which has resulted in to filing various complaints against each other. As per the prosecution case, girlfriend of Gayasuddin Warasi, developed friendship with the First Informant’s brother Rashid and to meet her, the deceased Rashid, i.e., another brother of the First Informant went to the place where the incident took place. During investigation, it transpired that there were about 11 persons at the spot and 5 of them were wearing masks while assaulting the deceased. Those persons have stated that they are belonging to GS Gang, (i.e., gang of Gayasuddin Warasi). 7. Thus, the offence is very serious where murder of Rashid Khan, who is the brother of the First Informant has taken place. The said murder was as a result of fight between the two gangs and the Applicant is the brother of said Gayasuddin and as per the prosecution case, he is a part of the said gang. 8. The role attributed to the Applicant is that he is a conspirator. The relief of anticipatory bail is a extraordinary relief 23rd September, 2026 922 ABA-2585-2026.DOC skt and is not to be granted in a routine manner. Accordingly, no case is made out for grant of anticipatory bail. The Anticipatory Bail Application is dismissed. 9. The observations in this order are made for considering this Anticipatory Bail Application. The learned Trial Court shall not be influenced by any of the observations made hereinabove and shall decide the case on its own merits. [MADHAV J. JAMDAR, J.] 23rd September, 2026