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Bombay High Court

Rashid Azizbhai Fazlani vs The State Of Maharashtra And Another on 15 September, 2025

                             1                      46ABA786.2025.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD.

        46 ANTICIPATORY BAIL APPLICATION NO. 786 OF 2025

                         Rashid Azizbhai Fazlani
                                 VERSUS
                The State Of Maharashtra And Another
                                  ...
           Mr. Dhananjay M. Shinde - Advocate for Applicant
                   Mr. C. V. Bhadane - APP for State
                                  ...

                                 CORAM :    NEERAJ P. DHOTE, J.

                                 DATED :    15TH SEPTEMBER, 2025

PER COURT : -

1.          Heard the learned Advocate for the applicant and the

learned APP for the State. Perused the papers on record.



2.          Since the Applicant is apprehending arrest at the hands of

Sindkhed Police in connection with Crime No. 0035 of 2025 registered

with Sindkhed Police Station, District Nanded, for offencces punishable

under Sections 109, 352 read with 3(5) of the Bharatiya Nyaya Sanhita,

2023, he has approached this Court by filing the present Application

seeking Anticipatory Bail.



3.          The above referred Crime is registered on the report lodged

by the Applicant's nephew that, the Applicant and one lady assaulted

him in the night of 08.03.2025. The Applicant assaulted the Informant
                             2                       46ABA786.2025.odt
with an Iron rod on his back and pressed his neck. There is cross FIR by

the Applicant bearing Crime No. 0036 of 2025 registered with the same

Police Station against the Informant in this Case, alleging more or less

the same act.



4.          The learned APP fairly submits that, no injuries were

suffered by the Informant. The parties are in relation. The Applicant

was protected by order dated 9th May, 2025. It is nobody's case that the

Applicant has flouted the conditions imposed in the interim order.

So far as the antecedents are concerned, the same were considered in

the Anticipatory Bail Application No. 670 of 2025 decided by order

dated 8th September, 2025. The relevant part from paragraph no. 6 of

the said order is reproduced below.


     "6.    ...... The Chart made available by the learned
            Advocate for the Applicant shows that, in Crime No.
            46/2002 the Applicant has been acquitted, in Crime
            No.29/2005 the Applicant has been convicted and
            released on Probation of Offenders Act, in FIR
            No.10/2003 no Charge- sheet was filed, in Crime
            No.16/2011 'C' summery was filed and two FIRs
            bearing Nos.265/2023 and 35 of 2025 are pending.
            Considering the nature of offence alleged against the
            Applicant and in view of the above observations, the
            criminal antecedent by itself cannot form the basis to
            reject the Application."


5.          In view of the above, I am inclined to confirm the interim

protection granted to the Applicant. Hence, the following order.
                                                             3                       46ABA786.2025.odt
                                                                 ORDER

[i] The interim protection granted to the Applicant vide order dated 9th May, 2025, is confirmed.

[ii] The Application stands disposed off.

[NEERAJ P. DHOTE] JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 15/09/2025 20:26:17