Sayyed Riyaz Sayyed Ahmed And Others v. The State Of Maharashtra
2025:BHC-AUG:289
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 916 ANTICIPATORY BAIL APPLICATION NO. 2153 OF 2024
1. SAYYED RIYAZ SAYYED AHMED
2. SHAUKAT ALI ASGAR ALI
3. SAYYAD HUZEF ALI SHAUKAT ALI
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. G. R. Syed APP for Respondent-State: Mr. S. K. Shirse ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 07.01.2025 P.C. :
1] The learned counsel for the applicant, on instruction, seeks leave to withdraw the anticipatory bail application for applicant No.1 Sayyed Riyaz Sayyed Ahmed. 2] Leave is granted. The anticipatory bail application of applicant No. 1 is dismissed as withdrawn. 3] Heard learned counsel for the applicant and the learned APP for the respondent-State.
4] The applicants are apprehending arrest in connection with Crime No. 579 of 2024 dated 20.09.2024 registered at Nandurbar City Police Station, Tq. And Dist. Nandurbar, for the offences punishable under sections 109,
190, 132, 121(2), 324(4)(5), 118(1), 189(2), 191(2)(3), 326(f)(g), 125(a)(b), 333, 298 of Bharatiya Nyaya Sanhita, 2023, Sections 4/25 of Indian Arms Act read with Section 3 and 7 of the Prevention of Damage to Public Property Act, 1984 read with Section 3 of Criminal Law Amendment Act and Section 37(1)(3) read with Section 135 of Maharashtra Police Act.
5] The learned counsel relies upon the order dated 06.01.2025 passed by this Court in anticipatory bail application No. 2071 of 2024 wherein this Court has granted anticipatory bail to the applicant Nos. 1 and 3 i.e. co-accused who have not been identified in the CCTV footage. In the instant case, applicant Nos. 2 and 3 are also not identified at the CCTV footage till date. 6] Considering the same and that the offence is registered against large number of people, the possibility of misidentification cannot be ruled out.
7] Considering the same, the applicant Nos. 2 and 3 are granted anticipatory bail on the following terms and conditions :
i] In the event the applicant Nos. 2 and 3 are arrested in connection with Crime No. 579 of 2024 dated 20.09.2024 registered at Nandurbar City Police Station, Tq. And Dist. Nandurbar, for the offences
punishable under sections 109, 190, 132, 121(2), 324(4)(5), 118(1), 189(2), 191(2)(3), 326(f)(g), 125(a)(b), 333, 298 of Bharatiya Nyaya Sanhita, 2023, Sections 4/25 of Indian Arms Act read with Section 3 and 7 of the Prevention of Damage to Public Property Act, 1984 read with Section 3 of Criminal Law Amendment Act and Section 37(1)(3) read with Section 135 of Maharashtra Police Act, they shall be released on bail on furnishing PR bond of Rs. 20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.
ii] The applicant Nos. 2 and 3 shall present in the police station from 13.01.2025 to 15.01.2025 from 10.30 a.m. to 1 p.m.
iii] The applicant Nos. 2 and 3 shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.
iv] The applicant Nos. 2 and 3 shall co-operate with the investigation and also in the proceedings before the trial Court.
8] In the event, the applicant Nos. 2 and 3 violates any of the conditions specified in this order, it shall be liable
to be cancelled.
9] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.
10] The application stands disposed of.
[ARUN R. PEDNEKER] JUDGE PRW