IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 26 ANTICIPATORY BAIL APPLICATION NO. 1693 OF 2026 1. ABDUL RAUF ANSARI AUON ANSARI (AS PER FIR RAUF MAMDAN ANSARI) 2. MOMIN JULA MOHAMAD SADEK MOHAMAD ON (AS PER FIR SADEK MAMDAN ANSARI) VERSUS THE STATE OF MAHARASHTRA ... Mr. Swapnil S. Rathi, Advocate for Applicant Mr. S. B. Narwade, APP for the Respondent/State CORAM : R. M. JOSHI, J. DATED : 21st SEPTEMBER, 2026 PER COURT :- 1. Applicants seek pre-arrest bail in connection with Crime No. 427 of 2026, registered with Selu Police Station, District Parbhani, for the offences punishable under Sections 109(1), 189(2), 190, 191(3), 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita. 2. First Information Report lodged by Shaikh Parvej Shaikh Kashim indicates that two different incidents had occurred on 04.08.2026 at 8.30 p.m. and 05.08.2026 at 2.00 p.m. In the first incident, co-accused Aasef had a quarrel with the Informant. It is alleged that on 05.08.2026, the present Applicants, along with the co-accused, came to the spot and assaulted the Informant. There is an allegation against co-accused Aasef that, by using a 26 ABA 1693.2026.odt 1 of 3 2026:BHC-AUG:42796 weapon like a Kukri, he injured the Informant on his ear. There is an allegation against the Applicants that they assaulted the Informant with a stick. 3. Learned Advocate for the Applicants submits that this is a case of over- implication owing to the dispute between the parties on 04.08.2026. He submits that the Applicants have no criminal history and, having regard to these facts, their liberty be protected. 4. Learned APP opposed the grant of any protection to the Applicants by referring to the allegations in the First Information Report against them of using a stick and iron rod for causing assault on the Informant. It is his submission that, for the purpose of recovery of the said weapons, custodial interrogation of the Applicants is necessary. 5. Prima facie perusal of the record, more particularly the injury certificate, indicates that the Informant sustained a single injury, which is attributable to co-accused Aasef. The said injury was caused by a sharp-edged weapon. There is no allegation against the present Applicants of using any sharp-edged weapon. Pertinently, the injury certificate does not indicate any other injury except for one incised wound. This Court, therefore, finds substance in the contention of the learned Advocate for the Applicants that this could be a case of over-implication. Having regard to these facts, 26 ABA 1693.2026.odt 2 of 3 appropriate directions to the Applicants to appear before the Investigating Officer would be sufficient for the purpose of effective investigation of the crime. Hence, the following order: ORDER (i) Application is allowed. (ii) In the event of arrest of Applicants in connection with Crime No. 427 of 2026, registered with Selu Police Station, District Parbhani, for the offences punishable under Sections 109(1), 189(2), 190, 191(3), 351(2), 351(3), 352 of the Bharatiya Nyaya Sanhita, they shall be released on bail on furnishing PR Bond of Rs.15,000/- (Rupees Fifteen Thousand only) each with one solvent surety in the like amount. (iii) They shall not contact the witnesses directly or indirectly. (iv) They shall not interfere with the evidence in any manner whatsoever. (v) They are further directed to cooperate the investigating agency for further investigation. (vi) They are directed to appear before the Investigating Officer on 28.09.2026 and 30.09.2026 between 11.00 a.m. to 01.00 p.m. as and when called by the Investigating Officer. 6. Learned APP for the Respondent/State to communicate this order to the concerned Police Station. ( R. M. JOSHI, J.) ssp 26 ABA 1693.2026.odt 3 of 3