ABA-422-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 422 OF 2026 Humera Furkan Shaikh … Applicant Versus The State of Maharashtra And Anr. … Respondents WITH ANTICIPATORY BAIL APPLICATION NO. 423 OF 2026 MD Javeed Shaikh … Applicant Versus The State of Maharashtra And Anr. … Respondents WITH ANTICIPATORY BAIL APPLICATION NO. 424 OF 2026 Shamshadbegam Shaikh … Applicant Versus The State of Maharashtra And Anr. … Respondents WITH ANTICIPATORY BAIL APPLICATION NO. 425 OF 2026 Furkan M. Javed Shaikh … Applicant Versus The State of Maharashtra And Anr. … Respondents ----- Mr. Ritesh Thobde a/w Rajpurohit Darshan Singh, for the Applicant. Mr. A. A. Takalkar, APP for the Respondent – State in Anticipatory Bail Application No. 422 of 2026. Mr. N. B. Patil, APP for the Respondent – State in Anticipatory Bail Application Nos. 423 of 2026 and 424 of 2026. Mr. S. H. Yadav, APP for the Respondent – State in Anticipatory Arjun 1 ABA-422-2026.doc Bail Application No. 425 of 2026. Mr. Raghvendra Kulkarni, for the Intervenor in Anticipatory Bail Application Nos. 422 of 2026, 423 of 2026, 424 of 2026 and 425 of 2026. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 18th August, 2026. P.C. : 1. At the outset, Mr. Ritesh Thobde, learned Advocate for the Applicants, states that these Applications arise out of the FIR bearing Crime No. 234 of 2026 registered with the Vijapur Naka Police Station, District Solapur City and therefore requests that all these Applications be taken up together. This request is not opposed by Ms. A. A. Takalkar, learned APP for the Respondent – State in Anticipatory Bail Application No. 422 of 2026, Mr. N. B. Patil, learned APP for the Respondent – State in Anticipatory Bail Application Nos. 423 of 2026 and 424 of 2026, Mr. S. H. Yadav, learned APP for the Respondent – State in Anticipatory Bail Application No. 425 of 2026 and Mr. Raghvendra Kulkarni, learned Advocate for the Intervenor in all these Applications. In view of the same, these Applications are taken up together and disposed of by a common order. Arjun 2 ABA-422-2026.doc 2. Heard Mr. Ritesh Thobde, learned Advocate for the Applicants, Ms. A. A. Takalkar, learned APP for the Respondent – State in Anticipatory Bail Application No. 422 of 2026, Mr. N. B. Patil, learned APP for the Respondent – State in Anticipatory Bail Application Nos. 423 of 2026 and 424 of 2026, Mr. S. H. Yadav, learned APP for the Respondent – State in Anticipatory Bail Application No. 425 of 2026 and Mr. Raghvendra Kulkarni, learned Advocate for the Intervenor in all these Applications. 3. By these Applications filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicants seek pre-arrest bail, apprehending arrest in Crime No. 234 of 2026 registered at the Vijapur Naka Police Station, District Solapur City, for offences punishable under Sections 85, 109, 115(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS, 2023). 4. Mr. Ritesh Thobde, learned Advocate for the Applicants, states that there are 8 Accused in Crime No. 234 of 2026. Nargis Faijan Shaikh is the deceased. Arjun 3 ABA-422-2026.doc 5. Mr. Ritesh Thobde, learned Advocate for the Applicants, states that Faijan Javed Shaikh (Accused No. 1) is the husband of deceased. Humera Furkan Shaikh (Accused No. 5) is the sister-in- law of the deceased. MD Javeed Shaikh (Accused No. 2) is the father-in-law of the deceased. Shamshadbegam Shaikh (Accused No. 3) is the mother-in-law of the deceased and Furkan M. Javed Shaikh (Accused No. 4) is the brother-in-law of the deceased. 6. In brief, the prosecution case is that the Nargis Faijan Shaikh (“deceased”) was married to Accused No. 1. The deceased was subjected to both physical and mental cruelty at the hands of Accused No. 1 and his family members, including the Applicants and three (3) other sisters-in-law of the deceased, viz. Asifa Shaikh, Ayesha Siddiqua Amin Patel and Taskeen Arif Kazi. On 15.04.2026, Accused No. 1 set the deceased on fire by pouring petrol with intentions to kill her. The deceased lodged a complaint on 16.04.2026, which was registered as Crime No. 234 of 2026. The deceased succumbed to the injuries and consequently, Section 80 of the BNS 2023 was added to Crime No. 234 of 2026. 7. Mr. Ritesh Thobde, learned Advocate for the Applicants, Arjun 4 ABA-422-2026.doc submits that the allegations of cruelty and harassment against the Applicants, apart from being vague and omnibus, relate to the year 2024, whereas the incident that is the subject matter of the crime is dated 15.04.2026. He further submits that there is no nexus between the act committed by the Accused No. 1 on 15.04.2026 and the Applicants. 8. Mr. Ritesh Thobde, learned Advocate for the Applicants, submits that on similar and identical facts, Asifa Shaikh (Accused No. 6) has been granted pre-arrest bail by this Court vide order dated 14.07.2026 passed in Anticipatory Bail Application No. 331 of 2026. Taskeen Arif Kazi and Ayesha Siddiqua Amin Patel (Accused Nos. 7 and 8 respectively) have been granted pre-arrest bail by this Court vide order dated 28.07.2026 passed in Criminal Anticipatory Bail Application Nos. 377 of 2026 and 378 of 2026 respectively (Exhibit C and D, at page Nos. 44 to 52 of the Application paper book). He submits that the Applicants are not involved in the crime and they are willing to co-operate in the investigation of Crime No. 234 of 2026. 9. Mr. Ritesh Thobde, learned Advocate for the Applicants, Arjun 5 ABA-422-2026.doc states that the Applicants do not have any criminal antecedents. 10. Dr. A. A. Takalkar, Mr. N. B. Patil and Mr. S. H. Yadav, learned APPs in these Applications, submit that the FIR indicates that the Applicants subjected the deceased to cruelty, resulting in physical and mental harassment of the deceased. They further submit that the allegations of the deceased being set on fire by pouring petrol on 15.04.2026 are against the Accused No. 1 (i.e. the husband of the deceased). 11. Mr. Raghvendra Kulkarni, learned Advocate for the Intervenor, by referring to the FIR, submits that the Applicants have harassed the deceased and that the acts alleged against them in the FIR constitute cruelty. He submits that although on 15.04.2026, Accused No. 1 poured petrol on the deceased and set her on fire, the Applicants cannot be said to have no connection with the mental state the deceased was put in. He therefore opposes the present Applications. 12. Perused the records with the assistance of the learned Advocates. Arjun 6 ABA-422-2026.doc 13. The FIR dated 16.04.2026 reveals that the allegations of cruelty against the Applicants, Asifa Shaikh, Ayesha Siddiqua Amin Patel and Taskeen Arif Kazi, relate to incidents dated 07.09.2024 and 08.09.2024. 14. Prima facie, the allegations in the FIR against the Applicants are omnibus in nature (see Dara Lakshmi Narayana and Others vs. State of Telangana and Another1 and Kahkashan Kausar alias Sonam And Others v/s. State of Bihar and Others2) At any rate, the alleged harassment referred to in the FIR is of the year 2024, whereas the unfortunate incident occurred on 15.04.2026. 15. The FIR does not indicate that the Applicants were present at the scene of the incident on 15.04.2026, nor does it make any allegations against the Applicants of any overt act, such as pouring petrol or setting the deceased on fire. Allegations regarding the incident dated 15.04.2026 are against Accused No.1 only. 16. Asifa Shaikh, Taskeen Arif Kazi and Ayesha Siddiqua Amin Patel (Accused Nos. 6, 7 and 8 in Crime No. 234 of 2026), against 1 (2025) 3 Supreme Court Cases 735. 2 (2022) 6 Supreme Court Cases 599. Arjun 7 ABA-422-2026.doc whom the allegations are identical to those of the Applicants, have been granted pre-arrest bail by this Court. There is no material placed on record to demonstrate any distinguishing circumstances that would warrant a different view in the case of the Applicants. 17. Considering the above circumstances, the custodial interrogation of the Applicants is not necessary. 18. In view of the above, these Applications are allowed on the following terms:- (a) In the event of arrest of the Applicants in the Crime No. 234 of 2026 registered with the Vijapur Naka Police Station, District Solapur City, the Applicants shall be released on bail upon each of the Applicants furnishing a PR bond in the sum of Rs. 50,000/-, with two sureties in the like amount to the satisfaction of the Investigating Officer, Vijapur Naka Police Station, District Solapur City. Arjun 8 ABA-422-2026.doc (b) The Applicants shall not directly or indirectly make any inducement, threat or promise to any person/s acquainted with the facts of the case to dissuade such person/s from disclosing the facts to the Court or any police officer. (c) Applicants shall not tamper with evidence in any manner. (d) Each of the Applicants shall appear and report to the Investigating Officer at the Vijapur Naka Police Station, District Solapur City, on 24th, 25th and 27th August, 2026, from 10:00 am to 12:00 pm, and thereafter as and when required by the Investigating Officer. Applicants shall cooperate with the Investigating Officer in the investigation in Crime No. 234 of 2026. (e) The Applicants shall provide the Investigating Officer, Vijapur Naka Police Station, District Solapur City with their residential address Arjun 9 ABA-422-2026.doc along with proof, their contact numbers and must inform the Investigating Officer of any changes to this information from time to time. (f) The Applicant shall regularly appear before the Trial Court whenever the proceedings are committed to the Trial Court. 19. The observations made in this order are prima facie and are meant to assist in deciding the Anticipatory Bail Application. 20. Criminal Anticipatory Bail Application Nos. 422 of 2026, 423 of 2026, 424 of 2026, 425 of 2026 are disposed of. (ASHWIN D. BHOBE, J.) Arjun 10 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.08.19 22:00:26 +0530