Riyaj Abdulbari Sayyad v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2452 OF 2025 Riyaj Abdulbari Sayyad ...Applicant

Versus

The State of Maharashtra

...Respondent

WITH INTERIM APPLICATION NO. 3648 OF 2025 IN ANTICIPATORY BAIL APPLICATION NO. 2452 OF 2025 Ashish Balaso Kamble ...Intervenor

IN THE MATTER BETWEEN :

Riyaj Abdulbari Sayyad ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Ranoji Deshmukh h/f Mr. S.P. Shedbale a/w Ms. Priyanka K. Tawade, Advocate for Applicant.

Mr. Rahul B. Khot, Advocate for the Intervenor. Mr. Anand Subhash Shalgaonkar, APP for the Respondent-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

18th DECEMBER, 2025 P.C.

1.

The Applicant is apprehending arrest in Crime No.575 of 2025 registered with Shivajinagar Police Station, Ichalkaranji Dist. Kolhapur for the offences punishable under Sections 318(4) of the Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.12.22 11:35:15 +0530 SAJAKALI LIYAKAT JAMADAR

Bhartiya Nyaya Sanhita, 2023 (for Short "BNS") and Sections 3(1) & 3(2) of the Maharashtra Prevention and Eradication of Human Sacrifice and Black Magic Act, 2013.

2.

It is prosecution's case that during period from June-2024 to October-2024 the applicant took an amount of Rs.62,000/- from the first informant to ward off evil act on first informant. 3.

It is contention of learned counsel for applicant that the applicant has been falsely implicated in this case. Due to political rivalry, the applicant had filed complaint against the other persons. To take revenge of it, the applicant has been falsely implicated in this case. Moreover, the applicant is ready to deposit Rs.91,000/- before the trial Court and requested to allow the application. 4.

It is contention of learned APP along with learned counsel for Respondent No.2 that the applicant has taken amount from various people. He was promoting evil practices. Considering the allegations against the applicant, his custodial interrogation is required and requested to reject the application. 5.

I have heard both the learned counsels, perused the FIR and documents placed on record. The allegations against the applicant are that he took the amount from the first informant warding off evil acts done with him. Considering the allegations against the applicant

his custodial interrogation is not required, and I pass the following order:

ORDER

(i) Application is allowed;

(ii) In the event of arrest, the applicant be enlarged on bail in Crime No.575 of 2025 registered with Shivajinagar Police Station, Ichalkaranji Dist. Kolhapur, on executing P.R.Bond in the sum of Rs.20,000/- with one or two sureties in the like amount;

(iii) The applicant shall attend the concerned police station as and when required.

(iv) The applicant shall deposit Rs.91,000/- before the trial Court within three days after receipt of this order.

(v) The applicant shall not take objection for withdrawal of amount by first informant and other persons, who have given amount to the applicant without admitting his guilt.

6.

The application is allowed in the aforesaid terms and is accordingly disposed off.

7.

In view of disposal off anticipatory bail application, interim application is also disposed off.

8.

It is made clear that the above observations are made only for the purpose of granting anticipatory bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order. 9.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)