Mubrarak Rahtullha Quari vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2026)

Mubrarak Rahtullha Quari vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest in connection with CR No.826 of 2025 (Malegaon Taluka Police Station, Nashik Rural), the Applicant to be released on a PR Bond of Rs.25,000/- with one or two solvent sureties in the like amount, subject to conditions: attendance at the concerned police station as and when necessary and cooperation with the investigation; furnishing cell phone number and residential address to the Investigating Officer and keeping them updated; no inducement, threat or promise to any person acquainted with the facts of the case; no tampering with prosecution evidence and no contacting or influencing the Complainant or any witness; and no departure from India without prior permission of the Court.

Issue for consideration

Whether anticipatory (pre-arrest) bail should be granted to the Applicant in connection with CR No.826 of 2025 registered with Malegaon Taluka Police Station, Nashik Rural, for offences punishable under Section 25(3) of the Arms Act, 1959 and Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

Court's answer

The court held that a case is made out for grant of anticipatory bail to the Applicant.

Ratio / Principle

Grounds for the grant: the maximum punishment is 5 years, and the charge-sheet having already been filed, the investigation is completed.

Key takeaways

The court took into account the Applicant's antecedents: although there are few antecedents, the Applicant has been acquitted in some cases and has been granted bail in the others.ratio¶18
In the event of arrest of the Applicant in connection with CR No.826 of 2025, he is to be released on bail on furnishing a PR Bond of Rs.25,000/- with one or two solvent sureties in the like amount.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail — granted. Bombay High Court (Madhav J. Jamdar, J.) disposed of an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in CR No.826 of 2025 registered with Malegaon Taluka Police Station, Nashik Rural, for offences punishable under Section 25(3) of the Arms Act, 1959 and Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. Although the State strongly opposed the application, the charge-sheet had already been filed and the investigation thereby completed; the maximum punishment was 5 years; and, among the Applicant's antecedents, he had been acquitted in some cases and granted bail in others. The court found a case made out for grant of anticipatory bail and directed that, on arrest, the Applicant be released on a PR Bond of Rs.25,000/- with one or two solvent sureties in the like amount, subject to conditions of police-station attendance and investigative cooperation, updated contact details, abstention from inducement/threat/promise, non-tampering with evidence and non-contact with the Complainant or witnesses, and no departure from India without prior permission of the Court.

927-ABA-131-2026.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ARJUN VITTHAL KUDHEKAR

Digitally signed by ARJUN VITTHAL KUDHEKAR Date: 2026.01.16 21:10:13 +0530

ANTICIPATORY BAIL APPLICATION NO.131 OF 2026

Mubarak Rahtullha Quari …Applicant Versus The State of Maharashtra …Respondent

Mr. Akshay Bankapur, for the Applicant. Mr. S. M. Mangaonkar, APP, for the Respondent-State. Head Constable T. P. Ahire, Malegaon Taluka Police Station, Nashik Rural, present.

CORAM: MADHAV J. JAMDAR, J. DATED: 16 JANUARY 2026

PC:-

Heard Mr. Bankapur, learned Counsel appearing for the

Applicant and Mr. Mangaonkar, learned APP for the RespondentState of Maharashtra.

By the present Anticipatory Bail Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-arrest bail in connection with CR No.826 of 2025 registered with the Malegaon Taluka Police Station, Nashik Rural, for the offences punishable under Section 25(3) of the Arms

Act, 1959 and Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

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927-ABA-131-2026.DOC

Although Mr. Mangaonkar, learned APP, for the RespondentState, strongly opposes the Anticipatory Bail Application, the Charge-sheet is already filed. Although there are few antecedents, the Applicant has been acquitted in some cases. As far as other antecedents are concerned, the Applicant has been granted bail.

The maximum punishment is of the 5 years. The Chargesheet has already been filed, thus, investigation is completed.

Accordingly, the case is made out for grant of anticipatory bail. In view thereof, the following Order is passed:

O R D E R

(a) In the event of arrest of the Applicant - Mubarak Rahtullha Quari, in connection with CR No.826 of 2025 registered with the Malegaon Taluka Police Station, Nashik Rural, he be released on bail on his furnishing PR Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount.

(b) The Applicant shall attend the concerned Police Station as and when necessary and shall cooperate

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with the investigation.

(c) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

(f) The Applicant shall not leave India without prior permission of the Court.

The Anticipatory Bail Application is disposed of accordingly.

[MADHAV J. JAMDAR, J.]

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