Rihan Mubarak Sayyad And Others v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 ANTICIPATORY BAIL APPLN NO. 496 OF 2025 1] RIHAN MUBARAK SAYYAD 2] MUBARAK RASID SAYYAD 3] AFSAR CHANDU SHAIKH 4] ASLAM MEHBOOB SAYYAD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr.Joslyn A. Menezes APP for Respondent-State : Ms.Neha B. Kamble ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 28.03.2025 P.C. :

1] Heard. Issue notice to the respondent. The learned APP waives notice for respondent-State. 2] The applicants have approached this Court apprehending arrest in connection with Crime No. 43/2025, registered with Chaklamba Police Station, Dist. Beed, for the offence punishable under Sections 118 (1), 115 (2), 352, 351 (2), 351 (3), 189 (2), 190, 191 (2) of the Bhartiya Nyaya Sanhita and added Section 109 of the Bhartiya Nyaya Sanhita.

3] The learned counsel for the applicants submits that the FIR was registered against the applicants alleging that the applicants assaulted the informant and due to the said assault, the informant caused injuries. Thereafter, the applicants were arrested on 28.01.2025 and on the same day, the Magistrate has granted bail in favour of the applicants by order dated 28.01.2025. He further submits the supplementary statement of the informant was recorded on 03.02.2025 i.e. after 7 days and subsequently Section 109 of B.N.S. was added, therefore, there are exaggeration in the supplementary statements.

4] Considering the submissions and until the learned APP is heard in the matter, the applicants are granted interim protection in the following terms :- A] Till the next date, in the event the applicants are arrested in connection with Crime No. 43/2025, registered with Chaklamba Police Station, Dist. Beed, for the offence punishable under Sections 118 (1), 115 (2), 352, 351 (2), 351 (3), 189 (2), 190, 191 (2) of the Bhartiya Nyaya Sanhita and added Section 109 of the Bhartiya Nyaya Sanhita, they shall be released on bail on furnishing PR bond of Rs.20,000/- each, with one or two sureties in the like amount.

B] The applicants shall attend the concerned police station as and when required by the investigating officer.

C] The applicants shall co-operate with the investigation, including producing all documents in their possession, as may be demanded by the investigating officer.

D] The applicants shall not influence the informant, witnesses or any person concerned with the case and they shall not tamper with the evidence. 5] Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled. 6] List on 17.04.2025. Interim protection till the next date.

[ARUN R. PEDNEKER] JUDGE DDC