Siraj Alimoddin Sayyed v. The State Of Maharashtra And Another

- 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 ANTICIPATORY BAIL APPLICATION NO. 1243 OF 2025 SIRAJ ALIMODDIN SAYYED

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Mr.Y.B.Bolkar h/f Mr.E.G.Irale, Advocate for the Applicant. Mr.C.V.Bhadane, APP for the Respondent/State. ( CORAM : ADVAIT M. SETHNA, J. ) DATE : 23 JULY 2025 P. C. :

1.

The matter is listed for the first time today. Heard the learned Advocate for the Applicant.

2.

Issue Notice to the Respondents. Mr. Bhadane, learned APP waives service for the State.

3.

The Applicant has filed these proceedings under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") as he apprehends arrest.

4.

The Applicant has filed these proceedings as he apprehends arrest. These proceedings arise out of CR No.0373 of 2025. The FIR is lodged on 31 May 2025 at 12:56 hours by the Ahmedpur Police Station,

- 2 - Dist.Latur. The date of occurrence of the alleged incident as stated in the FIR is 29 May 2025. The FIR has been registered under Sections 109, 117(2), 115(2), 353, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 ("BNS"). There are 4 accused persons as named in the FIR, out of which accused No.3 is present before the Court. 5.

The Informant is one Madhukar Balaji Pawar. Heard the learned Advocate for the Applicant and the learned APP for the State. With their assistance, I have perused the FIR and the record available with the Court.

6.

Prima facie, it appears from the FIR that there are 2 incidents, both reported on 29 May 2025 at 15.00 hours to 16.15 hours. Briefly, the reason for the complaint is a quarrel which led to an assault and the Informant was having food at the said restaurant. As far as the alleged assault is concerned, the role attributed to the present Applicant i.e. accused No.3 is that he assaulted the Informant with sticks. Apart from this, at this stage, there is no other role ascribed to this Applicant. The learned APP, in the meantime, would take instructions. The learned Advocate for the Applicant would state that this Applicant has no criminal antecedents and the Applicant undertakes to co-operate with the investigation.

- 3 - 7.

There is also a cross complaint culminating into FIR dated 31 May 2025 in Crime No.0374/2025, where Accused No.2 in the FIR in these proceedings is the Informant. It relates to the identical incident reported on 29 May 2025 with similar nature of accusations, filed in the crime by the owner of the restaurant.

8.

Considering the above facts and circumstances, prima facie in my view, the Applicant deserves to be protected by passing the following order :-

ORDER

(i) Until the adjourned date of hearing, in the event of arrest of the Applicant in connection with CR No.0373 of 2025 registered with Ahmedpur Police Station, Latur for the offences punishable under Sections 109, 117(2), 115(2), 353, 351(2), 351(3) and 3(5) of the BNS, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.20,000 (Rupees Twenty Thousand Only) with one or more sureties in the like amount. (ii) The Applicant shall cooperate with the investigation and shall attend the concerned police station on every Monday at 11:30 a.m., until further orders.

- 4 - (iii) The Applicant shall furnish details of residential address and other contact details such as mobile number etc. to the concerned police station. If there is any change in the contact details, the same shall be immediately intimated to the concerned police station.

(iv) The Applicant shall not leave the jurisdiction of the Court without prior permission/order of the Court, until further orders.

(v) The Applicant shall not influence the witness/es and/or tamper evidence in any manner whatsoever.

9.

List the proceedings for further consideration on 13 August 2025.

10.

The protection granted to the Applicant shall continue until the adjourned date of hearing.

( ADVAIT M. SETHNA, J.)