Siraj Alimoddin Sayyed v. The State Of Maharashtra And Another

2026:BHC-AUG:22939

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 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 applicant Ms. P. J. Bharad, APP for respondent-State

CORAM

: R. M. JOSHI, J.

DATE : 10th JUNE, 2026 PER COURT :- 1.

Applicant seeks pre-arrest bail in connection with Crime No. 0373 of 2025 registered with Ahmedpur Police Station, Dist. Latur for the offences punishable under Section 109, 117(2), 115(2), 352, 351(2), 351(3) read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2.

First Information Report is lodged by Madhukar Pawar and incident occurred on 29.05.2025 at the place behind Pritam hotel. First Informant claims that while taking food, he dropped water Mug on floor and water spilled, thereafter he was forced to wipe the spilled water with his shirt. When he refused to do so, he was abused. Later on another incident occurred on 4:15 PM in which the accused persons assaulted the informant and others. There is allegation against the present applicant that he caused assault with stick on the injured.

3.

Learned Counsel for the applicant submits that the allegations in the First Information Report are vague in so far as the role of the present applicant is concerned and in view of the fact that the stick allegedly used in the crime is already seized, custodial interrogation is not necessary.

4.

Learned APP opposed the application by citing seriousness of the crime, the statement recorded during the course of the investigation and on the ground that there are five criminal offences registered against the present applicant. She drew attention of the Court to the injury certificates of injured witnesses indicating the cause of grievous injuries to them.

5.

Prima facie, perusal of the record indicates that injured person even though sustained one injury still the said injury is stab injury and hence cannot be attributed against applicant. There is no allegation against the present applicant that he used any weapon by which stab injury could be caused. It is the case of the informant that the witnesses were assaulted with stick by the present applicant. Some injuries have been reflected in the injury certificate. There is counter report lodged in respect of the said incident. Possibility of exaggeration of incident by informant therefore, is not ruled out. Since the alleged weapon used in the crime is already seized, custodial interrogation is not

necessary.

6.

As far as the criminal antecedents against the applicant are concerned, though it is a fact that there are five offences registered against him; however, in the present crime, there is no material to connect him with the assault in question and hence existence of antecedents would not become sole ground to reject application. 7.

Application stands allowed by confirming interim relief. (R. M. JOSHI, J.) B. S. Joshi