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Bombay High Court
Imran Naushad Ahmed vs The State Of Maharashtra on 20 February, 2026
2026:BHC-AS:8773 8-BA-686-2026.DOC
Ajit Pathrikar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 686 OF 2026
Imran Naushad Ahmed ...Applicant
Versus
The State Of Maharashtra ...Respondent
Mr. S. Z. Khatib, for the Applicant.
Ms. Anuja S. Gotad, APP for the State-Respondent.
PSI - Omprakash Kawde, Dahisar Police Station, is present.
CORAM DR. NEELA GOKHALE, J.
DATED: 20th FEBRUARY 2026
PC:-
1. The Applicant seeks his release on bail in connection
with 320 of 2025 dated 17th April 2025 registered with
Dahisar Police Station for the offences punishable under
Sections 109, 126(2), 61(1)(b) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 ("BNS").
2. The facts of the case, in brief, are that the First
Informant is the husband of Accused No.1, namely Vimal
Gupta. It is his allegation that there was matrimonial discord
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between the First Informant and his wife, Vimal Gupta. He
has further stated in the complaint that his wife had an
extramarital affair with the present Applicant. A petition for
divorce by mutual consent is pending before a Court of
competent jurisdiction. However, the First Informant has
alleged that his wife, Vimal Gupta, had threatened him and
told him that she would teach him a lesson. On 17 th April
2025, while the First Informant was gone out to the vegetable
market, he was accosted by three people, who beat him up
with a wooden stick. He sustained grievous injuries and there
is a certificate from a private hospital. After taking treatment
in the hospital, he made a complaint with the police, pursuant
to which the FIR was registered.
3. The Applicant made an application seeking bail before
the Additional Sessions Judge, Sessions Court, Borivali
Division, Dindoshi. However, by order 18th October 2025, the
said application was rejected. Hence, the Applicant is before
this Court seeking the relief as prayed.
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4. Mr. S. Z. Khatib, learned counsel for the Applicant,
submits that there is matrimonial discord between the First
Informant and his wife i.e. Accused No.1 and that she had
threatened him that she would teach him a lesson. He submits
that there is no material on record to connect the present
Applicant with the assault on the First Informant by the three
unknown persons, who are the main accused in the said
criminal case. He further submits that in any manner, the
Applicant is not connected with the said offence. He thus
prays that the Applicant be enlarged on bail.
5. Ms. Anuja Gotad, learned APP, contests the Bail
Application. However, she fairly concedes that there are no
antecedents pertaining to the present Applicant. She has
drawn my attention to the mobile extraction panchanama,
which, according to her, indicates that the present Applicant
was in touch with Accused No.1 as well as other assailants
who are co-accused. She also points to the CCTV footage
panchanama, which shows that the present Applicant was
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seen with the two assailants in the Lotus Lodge. She thus
submits that it is Accused No.1, wife of the First Informant,
who along with the present Applicant, gave a contract to the
co-accused i.e. Accused Nos. 3 to 5 to assault the First
Informant. She thus submits that the Bail Application be
rejected.
6. I have heard learned counsel appearing for the
respective parties and perused the record with their
assistance.
7. I have perused the documents which Ms. Gotad has
brought my attention, including the CCTV footage
panchanama as well as the mobile extraction panchanama.
Undoubtedly, it appears that the present Applicant was in
touch with the three assailants. However, there is no material
on record which reveals that these three assailants actually
assaulted the First Informant or demonstrates the connection
between the three assailants i.e. other accused and the present
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Applicant pertaining to a contract given to the co-accused to
assault the First Informant.
8. The Applicant is in custody since 18 th April 2025 and till
date, the charges are not framed. The prosecution intends to
examine as many as 25 witnesses. It is not likely that the trial
will conclude in the near foreseeable future. Considering that
there is no sufficient material on record to prima facie
demonstrate the complicity of the present Applicant in the
offence and also the fact that Accused No.1, namely the wife
of the First Informant, who is alleged to have given a contract
to the assailants to assault her husband, is on bail, I am
inclined to enlarge the present Applicant on bail as well and it
is ordered as under:
ORDER
i) The Applicant be enlarged on bail, on executing PR
Bond in the sum of Rs.50,000/ with one or two local sureties
in the like amount;
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ii) The Applicant shall attend the Police Station concerned,
on first Monday of every month between 10:00 a.m. and
12:00 p.m., till the charges are framed. He shall also attend
the Trial Court concerned on each and every date as directed,
till the conclusion of the trial, save and except if the Applicant
is exempted from appearance by orders of the Trial Court.
iii) If the Applicant holds a passport, he shall deposit the
same with the Police Station concerned;
iv) The Applicant shall not leave India, without permission
of the trial Court;
v) The Applicant shall not tamper or attempt to influence
or contact the complainant, witnesses or any person
concerned with the case;
vi) The Applicant shall inform his latest place of residence
and mobile contact number immediately after being released
and / or change of residence or mobile details, if any, from
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time to time to the Court seized of the matter and to the
Investigating Officer of the concerned Police Station;
vii) The Applicant to co-operate with the conduct of the
trial;
viii) Any infraction of the aforesaid conditions shall entail
cancellation of bail.
9. Application is allowed in the above terms and is
accordingly disposed of.
10. It is made clear that the observations made herein are
prima facie and are confined to this Application and the Trial
Judge to decide the case on its own merits, uninfluenced by
the observations made herein.
(Dr. Neela Gokhale, J)
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