Bombay High Court
Murtuja Umar Shaikh vs State Of Maharashtra And Anr on 20 May, 2026
18. ABA 1338-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1338 OF 2026
Murtuja Umar Shaikh )... Applicant
Versus
The State of Maharashtra & Ors. )... Respondents
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Ms. Kinjal Makwana i/b Mr. Satyendra for the Applicant.
Ms. Shilpa G. Talhar, A.P.P. for the Respondent No.1-State.
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CORAM : SANDESH D. PATIL, J.
DATE : 20th MAY 2026
(VACATION COURT)
P.C. :
1) The Applicant is seeking pre-arrest bail in connection with
C.R. No.737 of 2025, registered with Tilaknagar Police Station,
Dombivali, District Thane, for offences punishable under Sections
118(1), 126(2), 352, 351(2) read with 3(5) of Bharatiya Nyaya
Sanhita, 2023.
2) The case of the prosecution is that, on 25th November 2025,
about 7.30 p.m. some unknown persons have abused and assaulted the
informant by means of wooden logs on back and chest and also by kick
blows. On report of the injured, the crime was registered against the
RaJesh Chittewan, PS 1/4
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18. ABA 1338-2026.doc
unknown persons. The name of the Applicant was revealed during the
investigation.
3) Ms. Kinjal Makwana, learned Counsel for the Applicant
submits that there is an inordinate delay in lodging the complaint. The
delay is not explained. There are no specific allegations attributed to
the present Applicant. The name of the accused is not mentioned in
the FIR. At the highest the only allegation is that Applicant had
assaulted by kicks and blows. Nothing is left to be recovered from the
Applicant. The learned Counsel appearing for the Applicant has relied
upon an Order dated 18th December 2025, passed by the learned
Additional Sessions Judge, Kalyan, in Criminal Anticipatory Bail
Application No.2643 of 2025 wherein the other co-accused Momin
Umar Shaikh was granted anticipatory bail by the Court.
4) The learned A.P.P. submits that there the Applicant had
assaulted by means of kicks and blows. There is a specific allegation
and active role attributed to the Applicant. She submits that she would
file detailed affidavit-in-reply.
5) Heard the learned Counsel appearing for the parties.
RaJesh Chittewan, PS 2/4
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6) The Applicant is stated to have assaulted the complainant on
25th November, 2025. I have perused the copy of FIR as well as the
statements recorded of the witnesses. The only allegation against the
Applicant appears to be that he had assaulted the complainant by fists
and blows. Since co-accused Momin Umar Shaikh was granted
anticipatory bail in the light of similar allegations and accusations, I am
inclined to grant interim protection to the Applicant. Hence, the
following Order is passed :-
:ORDER:
(i) In the event of arrest, the Applicant-Murtuja Umar Shaikh be released on bail in connection with C.R. No.737/2025, registered with Tikaknagar Police Station, Dombivali, Dist. Thane, dated 26th November 2025, for offences punishable under Sections 118(1), 126(2), 352, 351(2) read with 3(5) of Bhartiya Nyaya Sanhita, 2023, on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.
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18. ABA 1338-2026.doc
(ii) The Applicant shall report to the Investigating Officer of the concerned Police Station on 27th to 29th May, 2026 from 10.30 a.m. to 01.00 p.m. and thereafter as and when called for.
(iii) The Applicant shall not threaten witnesses or tamper with the evidence.
4) Stand over to 24th June, 2026.
(SANDESH D. PATIL, J.)
RaJesh Chittewan, PS 4/4
RAJESH Digitally signed by
RAJESH VASANT
VASANT CHITTEWAN
Date: 2026.05.22
CHITTEWAN 20:01:54
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