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2025:BHC-AS:56751 618-ABA-3531-2025.DOC

Akash Tayde

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.3531 OF 2025

Khwaja @ farid abdul karim Shaikh …Applicant

Versus

The State of Maharashtra …Respondent

Mr. Mihir Desai, Senior Counsel i/b Rishika Agarwal, for the

Applicant.

Ms. S. M. Yadav, APP, for the Respondent-State.

Mr. Kuldeep Vhatkar, API, attached to Khadak Police Station, Pune,

present.

CORAM: MADHAV J. JAMDAR, J.

DATED : 22^nd DECEMBER 2025

PC:-

1. Heard Mr. Desai, learned Senior Counsel appearing for the

Applicant and Ms. Yadav, learned APP appearing for the

Respondent-State.

2. By the present Anticipatory Bail Application filed under

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 the

Applicant is seeking pre-arrest bail in connection with CR No.508

of 2025 registered with Khadak Police Station, District – Pune City

for the offences punishable under Sections 115(2), 118(1), 189(2),

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190, 191(3), 74, 79 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”)

and 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“S.C./S.T.

Act”) and Section 37(1)(3) read with Section 135 of the

Maharashtra Police Act, 1951.

3. The prosecution case is set out in paragraph No.3 of order

dated 02^nd December 2025 passed by learned Special Judge, Pune

in Criminal Bail Application No.7188 of 2025, which reads as

under :-

“03] He further contended that, on 02.10.2025 the

informant had lodged report alleging therein that in

the evening at about 18:45 hours. There was

Sanchalan of RSS from Savitribai Phule Smarak to

Chandtara Chowk and again back Savitribai Phule

Smarak. At that time, he was controlling the traffic.

The Sanchalan went ahead of Chandtara Chowk. He

thereafter, was taking his Activa Vehicle. One small

child came by the cycle. He asked him about it. At

that time, the applicant alongwith 15 to 20 persons

abused him and his aunt. They also assaulted him by

hand. They tease her aunt and also manhandled her.

They also abused him, her aunt and cousin brother

on their Caste. After the Sanchalan his brother came

there to see what has happened. At that time the

applicant alongwith co-accused have assaulted them

by iron rod.”

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4. It is the submission of Mr. Desai, learned Senior Counsel

appearing for the Applicant that, during the incident when the the

First Informant was following the procession, at that time a small

boy was creating an obstruction with his bicycle and therefore, the

First Informant reprimanded him, and at that point of time some

dispute took place. He further submits that, in fact, the Applicant is

seriously injured in the crime and there is a cross FIR being C.R.

No.509 of 2025 registered at Khadak Police Station, District – Pune

City, for the offences punishable under Sections 118(1), 115(2),

189(2), 190, 191(3), 74, 79 of the BNS and 37(1), 37(3)and 135

of the Maharashtra Police Act, 1951 and the Accused in that case

are absconding. Learned Senior Counsel further submits that, in

fact, the Applicant due to the assault in the incident in question

has undergone brain surgery. Learned Senior Counsel submits that

the Applicant is not involved in the crime. He further submits that

in any case, no offence is made out for the offences punishable

under Sections 3(1)(r), 3(1)(s), 3(2)(va) of the S.C./S.T. Act and

therefore the application under Section 482 of BNSS or Section

438 of Code of Criminal Procedure, 1973 is maintainable.

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5. On the other hand, Ms. Yadav, learned APP22/12/2025,

strongly opposes the Anticipatory Bail Application. She submits

that the offence is very serious and therefore, the custodial

interro