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Bombay High Court
Nasir Hajimiya Pathan vs State Of Maharashtra on 13 May, 2026
2026:BHC-AS:22544
13-ABA-1221-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1221 OF 2026
Nasir Hajimiya Pathan ... Applicant
Versus
The State of Maharashtra ... Respondent
--------------------
Mr. Sohail Ahmed a/w Mr. Umar Dalvi, for the Applicant.
Ms. Supriya Kak, for the Respondent-State.
--------------------
CORAM : SANDESH D. PATIL, J.
DATE : 13 th MAY, 2026.
(VACATION COURT)
P.C. :
1. The present Anticipatory Bail Application is filed in connection
with the apprehension expressed by the Applicant for his arrested in
F.I.R. No.591 of 2025 dated 16/11/2025 registered with Bazarpeth,
Thane City Police Station.
2. Learned Counsel appearing for the Applicant states that the
F.I.R. was registered initially under the provisions of Sections 115(2),
117(2), 351(2), 352 read with Section 3(5) of Bharatiya Nyaya
13-ABA-1221-2026.doc
Sanhita, 2023 (BNS) and subsequently Section 118(2) of BNS was
added. He submitted that there was oral altercation between the
parties. He further submits that even as per the case of the
prosecution, after the Applicant assaulted the victim he fell into the pit
and therefore, the injury was caused. He submits that going by the case
of the complainant as it is, the injury was simple in nature and that he
has not caused any grievous hurt to the victim. He submits that he is
available for investigation and that his arrest is not necessary. He
submits that he is ready to co-operate with the Investigating Agency.
3. Learned A.P.P. on the other hand states that, initially the offence
was not registered under Section 118(2) of BNS however, subsequently
the said provisions were added.
4. I have perused the file which the learned A.P.P. had tendered
across the bar. It is evident that the victim was hospitalized initially in
the J. J. Hospital, Mumbai, it appears from medical records that
surgery was performed. Thereafter, another surgery was performed at
13-ABA-1221-2026.doc
a private hospital. The medical record fortifies the contention of
learned A.P.P. It appears that there is a grievous injury which is caused
to the victim as a result of which the victim had to undergo surgery.
Learned A.P.P. submitted that the victim was operated lastly on
09/05/2026 i.e. this month itself. She further submitted that this is not
a case for grant of anticipatory bail.
5. After having heard both the parties, it is clear that the assault
which is caused to the victim is grievous in nature. The victim had to
be hospitalized initially in the J. J. Hospital, Mumbai and later on in
the private hospital. The victim was operated. The medical papers
show that the injury is very serious in nature and that although the
incident had occurred on 15/11/2025 yet the operation had taken
place few days ago i.e. on 09/05/2026. This itself shows the gravity of
the injury.
6. Having perused the aforesaid papers and having heard the
learned Counsel appearing for both the parties, there is no merit in the
13-ABA-1221-2026.doc
present Application filed by the Applicant. Since the injury is serious in
nature. In this premise, I find no merits in the case of the Applicant,
hence the Application is rejected.
7. Accordingly, Anticipatory Bail Application 1221 of 2026 is
disposed of.
(SANDESH D. PATIL, J.)
