911-ABA-1632-2026.ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1632 OF 2026 Azam Iqbal Khan And Ors. …Applicants Versus The State of Maharashtra …Respondent Adv. Bharat K. Manghoni i/b G. J. Jain, for the Applicant. Mr. Bapu V. Holambe-Patil, A.P. P., for the Respondent – State. PSI Sachin Desai, Shanti Nagar Police Station, Thane is present. CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 2ND SEPTEMBER 2026 P.C:- 1. Heard learned counsel for the 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 connection with Crime No. 475 of 2026, dated 24.05.2026, registered with Shantinagar Police Station, Thane, for the offence punishable under Sections 115(2), 118(2) read with Section 3(5) of The Bharatiya Nyaya Sanhita, 2023. 3. The FIR is registered on the basis of a report lodged by the complainant alleging that on 24.05.2026 there was a meeting of 2nd September 2026 911-ABA-1632-2026.ODT the flat owners of the apartment in which this applicant, who is the Developer, had also participated. It is alleged that in the meeting there was some quarrel and at that time this applicant along with one Rafique Abdul Karim Khan had broken the glass table and by using the broken glass had attacked on the hand of one Mr. Sangam Kesarwani. On the basis of these allegations, the FIR came to be registered against four persons including this applicant, who is arraigned as accused No.1. 4. Although the instant application is filed on behalf of the three accused persons, learned counsel for the applicants has already made a statement as recorded in the order dated 25th June 2026 that the application is not pressed on behalf of the applicant no.2 Mohammad Arib Alias Arif Azam Khan and applicant no.3 Mohammad Talha Azam Khan. In view of this statement, this application is considered only as regards the applicant no.1 Azam Iqbal Khan. 5. Learned counsel for the applicant submits that the alleged incident has occurred in the heat of passion and on a spur of moment, there was a scuffle in between the group of flat owners and the builder. He submits that there was no intention on the 2nd September 2026 911-ABA-1632-2026.ODT part of the applicant to cause any kind of assault. Further, he states that there are no criminal antecedents against this applicant, who is working as a Developer and he is ready to join the investigation. He states that in accordance with the interim protection order dated 25th June 2026 granted by this Court, the applicant has attended the police station and is still ready to extend co-operation. He therefore, prays for confirmation of the interim protection. 6. As against this, learned APP for respondent – State has opposed the application and submitted that there are specific allegations about attack by this applicant by broken pieces of glass. He submits that investigation is in progress and injury suffered by the victim is grievous in nature. However, he does not dispute the fact that the applicant has joined the investigation and has attended the police station, in accordance with the interim protection order. 7. Perused the FIR and the documents placed on record. It appears that, there are allegations about an attack by this applicant along with other persons by using broken pieces of glass. However, it has to be noted that, at this stage, no recovery 2nd September 2026 911-ABA-1632-2026.ODT is to be made against this applicant and further the applicant has already joined the investigation. It is pointed out that chargesheet is already filed against other accused persons and it is pending only against this applicant. 8. Considering the fact that, there are no criminal antecedents against this applicant and he has attended the Police Station in accordance with the interim protection granted by this Court by order dated 25th June 2026, the same needs to be confirmed, subject to certain conditions. 9. Hence, I pass following order :- ORDER (i) The Anticipatory Bail Application is allowed. (ii) In the event of arrest of the applicant in Crime No. in connection with Crime No. 475 of 2026, registered with Shantinagar Police Station, Thane, for the offence punishable under Sections 115(2), 118(2) read with Section 3(5) 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 2nd September 2026 911-ABA-1632-2026.ODT the like amount. (iii) The applicant is directed to attend the police station as and when called upon by the investigating agency. (iv) The applicant shall not pressurize any of the prosecution witnesses, in any manner. (v) Breach of any of these conditions, shall be a ground for cancellation of the bail. 10. Anticipatory Bail Application is disposed of in above terms. (PRAFULLA S. KHUBALKAR, J.) VDMokal/- 2nd September 2026