Mohd Wasim Mohd Asgar Ansari vs The State Of Maharashtra on 9 April, 2026

Author: R.N.Laddha

Bench: R.N.Laddha

2026:BHC-AS:16887
Digitally
signed by
CHITRA
CHITRA SANJAY
SANJAY SONAWANE
SONAWANE Date:
2026.04.09
Chitra Sonawane 14:57:33 10-ABA-559-2026.doc
+0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

Cri.Anticipatory Bail Application No.559 of 2026

Mohd. Wasim Mohd Asgar Ansari
An adult Indian Inhabitant
Aged about 40 yrs, Occ : service
R/at 308, Lucky Apt
Chincholi Gate road, Irani
Colony, Goregaon (E), Mumbai-97 ... Applicant.
Vs.
The State of Maharashtra
at the instance of Dindoshi Police
Station ... Respondents.
---
Mr Thekkara Vinod K Raman i/by Mr Anup Lahoti for the
applicant.
Mr Mayur Sonavane APP for the respondent / State.
API Amit Khutwad, Dindoshi Police Station, Mumbai.
---
Coram : R.N.Laddha, J.
Date : 9 April 2026.
P.C. :

By this application, the applicant seeks pre-arrest bail
in connection with CR No.82 of 2026, registered at
Dindoshi Police Station, Mumbai, for offences punishable
under Sections 74, 75, 79 and 351(2) of the Bharatiya
Nyaya Sanhita, 2023.

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2. It is the case of the prosecution that on 5 January 2026
at approximately 4:30 a.m., while the prosecutrix was
asleep in the hall with her grandmother and aunt, the
applicant (her uncle) entered the premises and lay beside
her, touching her waist without consent. Upon awakening
and raising an alarm, the applicant withdrew. Owing to
shock and fear, she did not immediately disclose the
incident. It is alleged that on 8 January 2026 at about 4:30
a.m., the applicant again approached the prosecutrix while
she slept in the same area and touched her chest and waist
with sexual intent. When she resisted and raised an alarm,
the applicant, upon being confronted by family members,
became aggressive, procured a knife, and placed it against
her throat, issuing threats to kill her if the incident was
disclosed.

3. The prosecution further alleges that on 11 January
2026 at around 11:00 p.m., the applicant threatened and
coerced the prosecutrix to marry him, stating that refusal
would result in rape and murder, causing severe fear and
mental trauma. Following this, on 12 January 2026, the
prosecutrix disclosed the incidents to her mother, Nasreen.
Upon confrontation, the applicant denied the allegations
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but reiterated threats and behaved aggressively.
Furthermore, the applicant is also accused of having
defamed the prosecutrix within the locality by making
obscene and derogatory remarks to damage her reputation.

4. The learned Counsel appearing on behalf of the
applicant, asserting the applicant's innocence, contends that
the applicant has been falsely implicated in the crime. It is
submitted that there exists an inordinate and unexplained
delay in the lodging of the FIR. The alleged incidents are
stated to have occurred between 5 January 2026 and 12
January 2026, whereas the FIR came to be registered only
on 5 February 2026, rendering the prosecution version
doubtful and suggestive of an afterthought. It is further
submitted that the present FIR is a mala fide attempt to
settle scores arising out of an ongoing property dispute
between the parties. In this regard, learned Counsel draws
the attention of this Court to multiple non-cognisable
complaints lodged by the applicant, as well as by his mother
and daughter, against the prosecutrix and her relatives.
These complaints, dated 8 January 2026, 12 January 2026,
16 January 2026, 23 January 2026, 26 January 2026, and
29 January 2026, pertain to threats allegedly extended by
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the prosecutrix and her family members, and significantly
predate the institution of the present FIR. It is thus urged
that the FIR is nothing but a calculated device, adopted with
an ulterior motive, to exert undue pressure upon the
applicant and to coerce him into relinquishing possession of
the disputed property.

5. The learned Counsel further submits that no custodial
interrogation is warranted, as there is nothing to be
recovered or discovered from the applicant. The applicant,
it is submitted on instructions, is willing to comply with any
conditions that this Court may deem fit to impose,
including a restraint on entering the territorial jurisdiction
of the concerned Police Station and a categorical
undertaking to refrain from establishing any form of contact
with the prosecutrix.

6. On the other hand, the learned Additional Public
Prosecutor representing the respondent/ State, opposes the
applicant's request for bail. He submits that the offences
alleged against the applicant are grave and serious in nature,
entailing severe consequences, and that there exist specific
and direct allegations implicating the applicant in the

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commission of the crime. While fairly conceding that the
investigation is at an advanced stage and that nothing
further remains to be recovered or discovered from the
applicant, the learned APP nevertheless expresses a strong
apprehension that, if released on bail, the applicant may
tamper with the prosecution evidence and exert undue
influence upon the witnesses.

7. This Court has given anxious consideration to the
submissions canvassed across the Bar and perused the
records.

8. Upon a perusal of the records, it reveals that multiple
non-cognisable complaints have been lodged inter se
between the prosecutrix and her family members on the one
hand, and the applicant and his family members on the
other. It is noteworthy that the alleged incidents are stated
to have occurred during the period from 5 January 2026 to
12 January 2026, whereas the FIR came to be lodged
belatedly on 5 February 2026. Additionally, the learned APP
has fairly conceded that the investigation is at an advanced
stage and that nothing is to be recovered or discovered at
the instance of the applicant. Furthermore, the applicant has

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expressed his willingness to abide by any conditions that
may be imposed by this Court, including residing outside
the jurisdiction of the concerned Police Station and
refraining from establishing any contact with the
prosecutrix in any manner whatsoever. Insofar as the
apprehensions expressed by the prosecution regarding
possible tampering with evidence and influencing of
witnesses are concerned, the same can be adequately
addressed by imposing appropriate conditions.

9. Having regard to the totality of the circumstances, this
Court is inclined to exercise its discretion in favour of the
applicant. Hence, the following order:
ORDER

(i) In the event of the applicant's arrest in CR No.82 of 2026, registered at Dindoshi Police Station, Mumbai, he shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.

(ii) The applicant shall not, directly or indirectly, tamper with the evidence

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or attempt to influence, induce, or threaten any witness.

(iii) The applicant, himself or through any other person, shall refrain from contacting the prosecutrix in any manner whatsoever.

(iv) The applicant shall not enter within the territorial jurisdiction of the concerned Police Station till the filing of the charge sheet.

10. The application stands disposed of accordingly.

[R. N. Laddha, J.]

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9 April 2026