MOHAMMAD SHARIK MOHAMMAD AKIL ABBASI v. STATE OF MAHARASHTRA
ABA/2355/2026 · 2026-08-21
body2026
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[ 2026 DAILYLAW 1854 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1854 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
907-ABA-2355-2026.ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2355 OF 2026 Mohammad Sharik Mohammad Akil Abbasi …Applicant Versus The State of Maharashtra …Respondent Adv. Vikas Tiwari a/w Adv. Aaditya Urankar, for the Applicant. Mr. B. V. Holambe-Patil, A.P. P., for the Respondent – State. WPSI Kirti Vallekar, Juhu Police Station, Mumbai, is present.
CORAM :
PRAFULLA S. KHUBALKAR, J.
DATE :
21ST AUGUST 2026 P.C:-
1. Heard learned counsel for applicant as well as learned APP for respondent – State.
2. The applicant has filed instant application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail in Crime No. 654 of 2026 dated 29.05.2026, registered with Juhu Police Station, Brihanmumbai, for the offence punishable under Sections 351(2), 115(2), 118(1) and 352 of the Bharatiya Nyaya Sanhita, 2023.
3.
Learned counsel for applicant submits that the offence against this applicant is registered by way of counterblast in the 21st August 2026
907-ABA-2355-2026.ODT backdrop of earlier FIR lodged by this applicant bearing FIR No. 653 of 2026 dated 29.05.2026 at 3:28 a.m. against the informant. He also submits that the allegations of assault by this applicant by use of knife are absolutely without any basis and as a matter of fact, this applicant has suffered grievous injuries. By inviting attention to the discharge summary with respect to this applicant, he submitted that this applicant has suffered grievous injuries and he was hospitalized from 28.05.2026 to
06.06.2026. He thus states that the complainant who himself is an accused has lodged the false FIR to somehow implicate this applicant. 4. Learned APP for the respondent-State opposed the application and submitted that there was an altercation in between two groups of people as reflected in the FIR and undisputedly this applicant was present at time of incidence. He therefore submits the allegations as to who has actually caused grievous injury is a subject matter of investigation. However, as regards injury suffered by the victim in this offence, he candidly states that the injuries are simple in nature. He states that the investigation is in progress and the weapon of an offence is yet to be recovered. Page 2 of 4 21st August 2026
907-ABA-2355-2026.ODT
5. Perusal of the FIR reveals that FIR No. 654 of 2026 is registered on 29.05.2026 at 11:12 a.m. whereas the FIR lodged by this applicant bearing FIR No. 653 of 2026 was registered earlier i.e. at 03:28 a.m. It has to be noted that the allegations made by this applicant in his FIR are with respect to the grievous injuries which are in fact suffered by this applicant. As such, at this stage, it prima facie appears that the FIR against this applicant is lodged by way of counterblast to the FIR lodged by him. Apart from this, it is crucial to note that the alleged assault by this applicant has not caused any grievous injury, as stated by the learned APP. 6. Considering the allegations in two FIRs on record, it appears that there was some altercation in between two groups and cross FIRs came to be registered. The investigation is in progress.
There are no criminal antecedents against this applicant and his presence can be secured by directing him to attend the police station. 7. Considering all these aspects, the personal liberty of this applicant needs to be protected, subject to certain conditions. Hence, I pass following order :- 21st August 2026
907-ABA-2355-2026.ODT
ORDER (i) The Anticipatory Bail Application is allowed. (ii) In the event of arrest of the applicant in Crime No. 654 of 2026, registered with Juhu Police Station, Brihanmumbai, for the offence punishable under Sections 351(2), 115(2), 118(1) and 352 of the Bharatiya Nyaya Sanhita, 2023, he be released on bail on furnishing P. R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount. (iii) The applicant shall attend the Police Station on every Saturday in between 10:00 a.m. to 2:00 p.m., for a period of three weeks. (iv) The applicant shall not contact the complainant or influence any witness, in any manner. (v) Breach of any of these conditions, shall be a ground for cancellation of the bail.
8. Anticipatory Bail Application is disposed of in above terms.
(PRAFULLA S. KHUBALKAR, J.) VDMokal/- 21st August 2026