919-ABA-2353-2026 Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2353 OF 2026 Mohammed Zaid Khan @ Peru S/O Akbar Khan ...Applicant V/S. State Of Maharashtra ...Respondent _____________________________________________________________ Adv. Satyasam R. Gaud a/w Maniram R. Gaud, Pranav Mhatre, for the Applicant. Adv. Prasanna P. Malashe, APP for the Respondent – State. PI - Mr. Atul Sonawane and PSI Mr. Ashok Jadhav, Dongri Police Station, Brihanmumbai are present. ________________________________________________________ CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 03RD SEPTEMBER, 2026. P.C. :- 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicant has filed the instant application seeking pre- arrest bail in connection with Crime No. 255 of 2026, dated 13.04.2026 registered with Dongri Police Station, Bhrihanmumbai, for offence under Sections 109, 118(1), 189(2), 191(1), 190, 115(2), 352, 351(2) (3), 61(2), 126(2) and 238(b) of the Bharatiya Nyaya Sanhita, 2023 1/5 919-ABA-2353-2026 (for short ‘BNS’) and Sections 37(1)(a) and 135 of the Maharashtra Police Act. 3. Learned counsel for the applicant points out that the only role attributed to this applicant is about instigation of the group of people who have attacked the victim by chairs, wooden sticks etc. which were lying on the side of the road. He states that thus the only role of this applicant is his presence at alleged site and alleged instigation. Apart from this, he invites attention to another alleged role as reflected from the spot panchanama dated 13th April, 2026 about the applicant's attempt to carry a DVR machine with him, which was installed at the adjacent building by name 'Amir Building' which has captured the CCTV footage of the incident. He states that although, it is referred in the spot panchanama that this applicant has taken away the DVR machine, there are no complaints/reports by anybody from Amir Building about the entry of this applicant in their building or the act of taking away the DVR machine. Apart from this, learned counsel for the applicant submits that out of total seven accused persons, three accused persons have been released on regular bail and three on anticipatory bail. He also states that the charge-sheet is already filed and the custodial interrogation is not required. 2/5 919-ABA-2353-2026 4. Learned APP points out that the presence of the applicant on the site is clear in view of the allegations in FIR. Apart from this, he states that the CCTV footage shows his presence. It is submitted that the DVR machine was installed in the building in which one of the other accused person resides and therefore the applicant had easy access to the said building with the assistance of the said co-accused. He also states that one of the other co-accused person has revealed the fact that this applicant has taken away the DVR machine, which amounts to tampering with the evidence. 5. After perusal of the FIR and the allegations made therein it appears that the only role attributed to this applicant is about instigation of the group. There are no allegations of any attack by this applicant. It has also to be noted that the investigation is completed and charge-sheet is already filed against other accused persons. Further, out of seven accused persons, three accused persons have been released on regular bail and three on anticipatory bail. 6. As regards the contentions about taking away the DVR machine, the same is part of investigation and in any case it would only reveal that the applicant was present at the relevant time. Considering the fact that the applicant has attended the police station in accordance 3/5 919-ABA-2353-2026 with the interim protection order, the custodial interrogation of this applicant need not be insisted upon and accordingly the interim protection needs to be confirmed, subject to certain conditions. 7. Hence, I pass the following order . : ORDER : (i) The Anticipatory Bail Application is allowed. (ii) In the event of arrest of the applicant in Crime No. 255 of 2026, dated 13.04.2026 registered with Dongri Police Station, Bhrihanmumbai, for offence under Sections 109, 118(1), 189(2), 191(1), 190, 115(2), 352, 351(2)(3), 61(2), 126(2) and 238(b) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Sections 37(1)(a) and 135 of the Maharashtra Police Act, 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 is directed to cooperate in the investigation to be conducted against him. 4/5 919-ABA-2353-2026 (iv) The applicant shall not pressurize any of the prosecution witnesses. 9. The Anticipatory Bail Application is allowed and disposed of. (PRAFULLA S. KHUBALKAR, J.) 5/5