KVM 1/4 910 - ABA 13 OF 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 13/2026 MUKTSIM ISLAHUDDIN BAIG ….. APPLICANT VS THE STATE OF MAHARASHTRA ….. RESPONDENT Adv. Anand Mishra i/b. Adv. A. M. Saraogi for the Applicant. Ms. Megha S. Bajoria, APP for the Respondent – State. Mr. Rasal, PSI, Kurar Police Station, Mumbai present. CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 10TH SEPTEMBER, 2026 P.C. :- 1) Heard learned counsel for the applicant as well as learned APP for the respondent – State. 2) The applicant has filed the instant application seeking pre-arrest bail in connection with Crime No. 0829 of 2025 registered with Kurar Village Police Station, Malad (East), Mumbai for the offence punishable under Sections 115(2), 118(1), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sahnita, 2023 and Sections 135 and 37(1)(a) of the Maharashtra Police Act, 1951. 3) The FIR is registered on the basis of the report lodged by the complainant alleging that on 24th October, 2025, on account of KANCHAN VINOD MAYEKAR Digitally signed by KANCHAN VINOD MAYEKAR Date: 2026.09.11 19:44:12 +0530 KVM 2/4 910 - ABA 13 OF 2026.doc certain previous disputes with the complainant’s family, the applicant and the other accused persons have assaulted the First Informant by the bamboo stick and knife. It is alleged that due to the said assault, the First Informant has sustained grievous injuries. The offence came to be registered against total four accused persons including this applicant who is arraigned as accused no.2. 4) Learned counsel for the applicant submits that the main allegation of assault by use of weapon is against other accused persons and the only role attributed to this applicant is his presence and holding the hands of the victim. He submits that only because of this alleged role, the offence is registered against this applicant. He states that there are no criminal antecedents against this applicant. 5) Apart from this, he submits that the other accused persons have been granted bail including accused no.3 Abubuzaifa Makalu Beg @ Bablu, who has been granted anticipatory bail by this Court by an order dated 13th January, 2026 in Anticipatory Bail Application No. 61 of 2026. He submits that the investigation is almost complete and considering the grant of bail to the accused no.3, the applicant be also granted anticipatory bail. Learned counsel for the applicant submits that the applicant has been granted interim protection by order dated 15th June, 2026 and accordingly, he has attended the police station. He, therefore, prays for confirmation of the interim protection. 6) The application is opposed by the learned APP, who has pointed out the specific allegations in FIR against each of the accused KVM 3/4 910 - ABA 13 OF 2026.doc persons. She submits that there are allegations about presence of this applicant, who has caught hold of the victim, who was lateron assaulted. However, there is no dispute about the fact that the accused no.3 has been granted anticipatory bail by this Court. She also states that the investigation is on the verge of completion. Learned APP submits that there is no dispute that the applicant has attended the police station in accordance with the interim order. 7) Perused the FIR and the documents placed on record. 8) The role attributed to this applicant as seen from the allegations in the FIR is about holding the victim. There are no allegations of any attack by this applicant. Further it is crucial to note that the accused no.3 has been granted anticipatory bail by this Court by order dated 13th January, 2026, as referred above. Since the investigation is almost complete and there is no question of recovery against this applicant, the custodial interrogation of this applicant need not be insisted upon. 9) Further considering the fact that the applicant has extended co-operation in accordance with the interim protection order, the same needs to be confirmed subject to certain conditions. Hence, I pass the following order :- ORDER (a) Anticipatory bail application is allowed. (b) In the event of arrest of this applicant in Crime KVM 4/4 910 - ABA 13 OF 2026.doc No.0829 of 2025 registered with Kurar Village Police Station, Malad (East), Mumbai for the offence under Sections 115(2), 118(1), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sahnita, 2023 and Sections 135 and 37(1)(a) of the Maharashtra Police Act, 1951, he be released on bail on furnishing P.R. Bond of Rs.25,000/- with one solvent surety in the like amount. (c) The applicant is directed to attend the police station as and when called upon. (d) The applicant shall not in any manner pressurize any of the prosecution witnesses and shall extend co- operation during investigation in trial. 10) Anticipatory bail application is allowed and disposed of in above terms. [PRAFULLA S. KHUBALKAR, J.]