33-ABA-1606-2026.ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1606 OF 2026 Mr. Umer Moin Qureshi And Ors. …Applicants Versus The State of Maharashtra …Respondent Adv. Karim Pathan a/w Shaan Illahi Turky, Adv. Fazal Shaikh a/w Adv. Shoeb Sheikh, Kehkasha Sehgal for Applicants. Mr. B. V. Holambe-Patil, for the Respondent – State. Adv. Ashish Jagtap, a/w Adv. Bhanudas Jagtap for the Respondent no. 2. PSI Janardan Shinde, Malvani Police Station, Mumbai, is present. CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 16th SEPTEMBER 2026 PC:- 1. Heard learned counsel for applicants as well as learned APP for the Respondent - State. 2. The applicants have filed instant application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) seeking pre-arrest bail in Crime No. 246 of 2026 dated 20.02.2026, registered with Malvani Police Station, Brihanmumbai, for the offence punishable under Section 117(2), 115(2) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 16th September 2026 33-ABA-1606-2026.ODT 3. Learned counsel for applicants submits that on the report of the complainant initially, the First Information Report (for short, “FIR”) was registered for offences which were bailable in nature and the applicants were released on bail. It is submitted that after investigation progressed, the non-bailable offences were added and therefore the applicants had approached to the Sessions Court seeking anticipatory bail. As the application was rejected, now the applicants have filed the instant application. 4. The FIR is registered on the basis of a report lodged by the complainant alleging that on 20.02.2026 at about 12.10 a.m, the informant had asked the injured Sajeed Ansari about solving the problem of foul smell on account of the Chinese Centre and at that time, when the informant was taking the photographs of the stall and the water, the accused persons came there and started quarrel. It is alleged that at that time, the applicants assaulted the informant with fist blows and caused injury to left leg of the informant. On the basis of these allegations, the FIR came to be registered against these applicants. 5. Learned counsel for applicants submits that in view of the allegations in the FIR, it is clear that there is no use of any weapon by anybody and even according to the version of the complainant the injuries are sustained on account of fists and blows only. He also states that there are no criminal antecedents as against the applicants. Page 2 of 4 16th September 2026 33-ABA-1606-2026.ODT 6. He submitted that after considering the allegations in the FIR and the contentions canvassed, this Court has granted interim protection in favor of the applicants by order dated 23.06.2026 and accordingly, the applicants have attended the police station. He therefore submits that the applicants have not misused the liberty and the interim protection be confirmed. 7. Learned APP submits that during investigation, it is revealed that a weapon was used by some of the accused persons as seen from CCTV footage and therefore new offence is added. He submitted that the investigation is in progress and the accused persons are required to extend cooperation. 8. Perused the FIR and the documents placed on record. It has to be seen that there is no allegation about use of any weapon by these applicants. Pertinent to note that the injuries sustained by the complainant are on account of fists and blows only. Also, there are no criminal antecedents against these applicants. Although the learned APP has submitted that a weapon was used by some accused persons as seen in the CCTV footage, at this stage there is nothing to show that these applicants have used any weapon. It is also surprising to see that there is no allegation of use of any weapon in the FIR. 9. It is crucial to note that considering the nature of offence, this court has earlier granted interim protection to these applicants by order dated 23.06.2026 and there is nothing to show that these applicants have misused the liberty. As such, the 16th September 2026 33-ABA-1606-2026.ODT interim protection needs to be confirmed subject to the condition that the applicants shall extend cooperation during investigation and trial and shall attend the investigating agency as and when called upon. 10. In view of the above, the interim protection granted by this court by order dated 23.06.2026 stands confirmed. The instant application for Anticipatory Bail is allowed. (PRAFULLA S. KHUBALKAR, J.) VDMokal/- 16th September 2026