GOUS ALIAS TAGO RAFIK SHAIKH v. THE STATE OF MAHARASHTRA
ABA/280/2026 · 2026-08-25
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[ 2026 DAILYLAW 4116 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4116 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 - aba280.26.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
978 ANTICIPATORY BAIL APPLICATION NO. 280 OF 2026 Gous Alias Tago Rafik Shaikh ….Applicant VERSUS The State of Maharashtra …..Respondent Mr. S. Y. Mahajan, Advocate for Applicant. Mr. S. B. Jadhav, APP for the State.
CORAM : R. M. JOSHI, J.
DATE : 25th AUGUST, 2026.
PER COURT :
1. Applicant seeks pre-arrest bail in connection with Crime no. 0027/2026 registered with Paranda Police Station, District Dharashiv, for the offences punishable under Sections 118(2), 118(1), 324(4), 352, 351(2) of Bharatiya Nyaya Sanhita.
2. The case of the prosecution is that the informant Kalim Attaur Raheman Mujawar, resident of Somwar Galli, Paranda, Dist. Dharashiv has lodged the complaint with Paranda Police Station alleging that on 14.01.2026 at about 9.30 am, at Shivratna Hotel on Kurduwadi road, accused-applicant Gaus @ Tago Mukhtar Shaikh beat the informant on his legs and his right wrist with a wooden stick and caused serious injuries on the ground of spreading/throwing
- 2 - aba280.26.odt Gulal during the election of Mayor. He also took his mobile phone and broke it, abused him and threatened to kill him.
3.
Learned Counsel for applicant submits that the allegation in the First Information Report itself indicates that there are political disputes and rivalries between the parties. It is his submission that there is delay of two days in lodging of the report as the alleged incident had occurred on 14.01.2026 and the report came to be lodged on 16.01.2026. It is his submission that in any case, it is a case of over implication. According to him, the Applicant has cooperated in the investigation and as such, there is no reason not to confirm the interim relief.
4. Learned APP opposed the application by drawing attention of the Court to the statements recorded during the course of investigation so also the injury certificate of the informant.
5. Prima facie perusal of the record indicates that there is delay of 2 days in lodging of the report. In the light of admitted political rivalry between the parties, delay caused in lodging report becomes relevant. Further, allegations made against the Applicant are not
- 3 - aba280.26.odt supported by injury certificate which shows causing of two simple injuries to the informant. Applicant was directed to appear before the Investigating Officer. There is no grievance made by the Investigating Officer about non-cooperation in the investigation by the Applicant. Hence, application stands allowed in terms of the interim order dated 18.03.2026 except Clause No. (i).
( R. M. JOSHI, J.)
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