Bombay High Court
Ashpak Alias Asapak Rukmoddin Shaikh vs The State Of Maharashtra And Another on 29 January, 2026
1
160.26ABA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
907 ANTICIPATORY BAIL APPLN NO. 160 OF 2026
ASHPAK @ ASAPAK RUKMODDIN SHAIKH
VERSUS
THE STATE OF MAHARASHTRA & ANOTHER
...
Advocate for Applicant : Mr.Mohit R.Deshmukh
APP for Respondent-State : Mr.P.D.Patil
...
CORAM : MEHROZ K. PATHAN, J.
DATE : 29.01.2026
P.C. :
1] Heard the learned counsel for the applicant and
the learned APP for the respondent-State.
2] Issue notice to the respondents, returnable on
23.02.2026. The learned APP waives notice for respondent
nos. 1 and 2.
3] The applicant has approached this Court
apprehending arrest in connection with Crime No. 1/2026,
dated 04.01.2026, registered with Bembli Police Station,
District Dharashiv, for the offence punishable under
Sections 108 (Section 306 of IPC), 80 (2) (Section 304B of
IPC), 85 (Section 498-A of IPC), 115 (2) (Section 323 of
IPC), 352 (Section 504 of IPC), 351 (2) and (3) (Section
506 of IPC), 3 (5) (Section 34 of IPC) of BNS, 2023.
2
160.26ABA
4] The learned counsel for the applicant submits
that there are no direct and specific allegations of
harassment and cruelty at the behest of the present
applicant on account of demand of dowry. The applicant is
working at Nadihattarga in Nilanga Taluka, District Latur,
which is 60 kilo meters away from the place of residence
where the deceased Tasleem had committed suicide by
hanging. The applicant is a teacher in the Zilla Parishad
School and may loose his job if arrested in the present
crime. It is informed that the husband and mother-in-law of
the deceased are already arrested in the present crime.
Nothing remains to be recovered from the applicant, hence,
the custodial interrogation of the applicant may not be
necessary as the applicant is ready to co-operate with the
investigation.
5] Thus, taking into consideration aforesaid
submissions, I am inclined to protect the present applicant
till the investigation papers are seen. Hence the following
order :
ORDER
I] In the event of arrest of the applicant, he be released on furnishing P.R. bond of Rs.50,000/- [Rs. Fifty Thousand], with two solvent sureties in the like amount, in connection with Crime No. 1/2026, dated 04.01.2026, registered with Bembli Police Station, District Dharashiv, for the offence punishable 3 160.26ABA under Sections 108 (Section 306 of IPC), 80 (2) (Section 304B of IPC), 85 (Section 498-A of IPC), 115 (2) (Section 323 of IPC), 352 (Section 504 of IPC), 351 (2) and (3) (Section 506 of IPC), 3 (5) (Section 34 of IPC) of BNS, 2023, on the following conditions :
A] The applicant is directed to attend the concerned police station and report to the Investigating Officer on 05.02.2026, 06.02.2026, 12.02.2026 and 13.02.2026 between 5.00 p.m. and 6.00 p.m. B] The applicant shall also co-operate with the investigation.
C] The applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.
6] Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek vacation of the interim relief granted herein above.
7] The Investigating Officer shall make available the investigation papers on the next date of hearing.
8] Stand over to 23.02.2026.
[MEHROZ K. PATHAN]
JUDGE
DDC