Anisuzzuman Aminuzzamun Sarkar v. Union Territory Of Diu And Daman And ANR

Shivgan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3958 OF 2025 Anisuzzuman Aminuzzamun Sarkar ...Applicant

Versus

Union Territory Of Diu And Daman And Anr.

...Respondents

Mr. Kuldeep Patil, with Sumit Kumar Nimbalkar and Rohit Malpani, for the Applicant.

Mr. Ashwin Thool, with Ayush Singh and Archishmati Chandramore, for the Respondent No.1.

Mr. H. J. Dedhia, APP for the Respondent No.2-State.

CORAM:

R. M. JOSHI, J.

DATED:

26th MARCH, 2026.

PC:- 1.

The Applicant seeks bail in connection with Crime No. 19 of 2024 dated 2nd December 2024, registered with Dabhel Police Station, District: Daman, for the offences punishable under Sections 318(4), 319(2) and 336(1) of the Bharatiya Nyaya Sanhita (BNS), 2023.

2.

The learned counsel for the Applicant, at the outset, submits that apart from the merits of the case, the Applicant is entitled for bail on the ground of parity. He drew attention of the Court to the order dated 29th September 2025 passed by the Sessions Court, Daman, granting bail to the Co-accused, Abhishek Tapan Chakrawarti, who is attributed greater role in the crime than the

present Applicant. It is his submission that the said order has not been challenged by the prosecution. He further states that there are no criminal antecedents against the Applicant and he is not likely to flee from justice.

3.

The learned APP opposes the Application by contending that the offence is of a serious nature and hence, the Applicant is not entitled for bail.

4.

There is no dispute about the fact that Co-accused against whom greater role has been attributed, has been released on bail by order dated 29th September 2025 passed in Criminal Bail Application No.46 of 2025. A considerable time has elapsed since the said order, and it has not been challenged by the prosecution. The Applicant has no criminal history. Hence, the following order is passed:-

ORDER

(i) The Bail Application stands allowed in connection with Crime No. 19 of 2024 dated 2nd December 2024 registered with Dabhel Police Station, District: Daman;

(ii) The Applicant be released on bail on furnishing P.R. Bond of Rs.30,000/- with one or two sureties in the like amount to the satisfaction of the Trial Court;

(iii) The Applicant not to interfere into the evidence of the prosecution in any manner whatsoever;

(iv) The Applicant to attend all the dates of hearing before the Trial Court except exempted by a specific order passed by the Trial Court;

5.

The Bail Application stands disposed of.

(R. M. JOSHI, J.) { Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2026.03.26 18:53:46 +0530 SHAMBHAVI NILESH SHIVGAN