Annan Arif Baig And ORS v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1431 OF 2025 Annan Arif Baig And Ors.

...Applicants

Versus

The State of Maharashtra

...Respondent

__________ Mr. Sudhanva S. Bedekar a/w Mr. Swapnil Shanbhag and Mr. Taher Khan, learned Advocates for the Applicants.

Mr. Shreeram S. Choudhari, learned A.P.P. for the State/Respondent. PSI Ms. Ashwini Patil attached to Chandan Nagar Police Station, Pune City is present in the Court.

__________ CORAM :

ASHWIN D. BHOBE, J.

[VACATION COURT] DATE :

29th MAY 2025.

P.C. :

1.

By the present Application filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS" for short), the Applicants are before this Court seeking anticipatory bail in connection with Crime No. 118 of 2025 registered with Chandan Nagar Police Station at Pune City on 13th March 2025.

2.

There are 18 accused in Crime No. 118 of 2025. 3.

The allegations in the abovesaid crime are that the Complainant was running a business in partnership. On 12th March 2025 at about 11.30 p.m., the Complainant alongwith his brothers were carrying out routine work, at which point of time, two customers came to their hotel for dinner and as they were told that the hotel is closed and no food is available, it resulted in altercation and abuse as well as assault on the Complainant. As

per the case of prosecution, wooden sticks, rods, hockey sticks, etc. were used in the said offence and furniture of the hotel amounting to Rs. 50,000/- was destroyed.

4.

Learned Advocate for the Applicants states that the allegations against the present Applicants are vague and the First Information Report doesn't assign any specific role to the present Applicants. He further states that three other accused have been released on bail by the learned Judicial Magistrate First Class, Court No. 5 at Pune. He therefore states that the case of present Applicants be considered in parity with the other accused. He further states that the Applicants shall cooperate with the investigation.

5.

Learned A.P.P. for the State/Respondent states that four of the persons accused in the present crime were arrested, out of which one was juvenile. He states that three other accused have been released by the learned Judicial Magistrate First Class, Court No. 5 at Pune. Learned A.P.P. for the State/Respondent states that the offence involved in the present crime is serious in nature. There are allegations made against the present Applicants. He further states that there is a possibility that if the Applicants are released on bail, they would tamper with the evidence and threaten the witnesses. For all the aforesaid reasons, he opposes the bail. 6.

I have heard Mr. Sudhanva Bedekar, learned Advocate for the Applicants and Mr. Shreeram Choudhari, learned A.P.P. for the State/Respondent. Perused the record with the assistance of parties. 7.

In the present case, three of the accused are already enlarged on bail. Learned A.P.P. for the State/Respondent fairly states that recovery of some weapons, which were used in the offence, have been made. From the nature of allegations made against the Applicants, I find that the custodial interrogation of the Applicants would not be warranted. The

apprehension of Respondent/Prosecution with regard to the Applicants tampering with the evidence and/or interfering with the witnesses, can be taken care of by imposing stringent conditions on the Applicants. 8.

In view of the above, the Applicants are secured by way of a prearrest bail on the following conditions :- a.

In the event of arrest of the Applicants in Crime No. 118 of 2025 registered with Chandan Nagar Police Station at Pune City, the Applicants shall be released on bail, upon each of the Applicant furnishing PR Bond of Rs. 50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount, to the satisfaction of the learned Judicial Magistrate First Class, Court No. 5 at Pune.

b.

Applicants shall furnish their residential address proofs and contact details/mobile numbers to the Investigating Officer, Chandan Nagar Police Station, Pune City.

c.

Applicants shall cooperate with the investigation and appear before the concerned Investigating Officer attached to Chandan Nagar Police Station at Pune City, as and when required by the Investigating Officer, Chandan Nagar Police Station, Pune City.

d.

Applicants shall not influence or threaten any witnesses or tamper with the evidence.

e.

Applicants shall not leave the State of Maharashtra without prior written permission from the Investigating Officer, Chandan Nagar Police Station, Pune City.

9.

Anticipatory Bail Application stands disposed of in the above terms.

10.

Mr. Sudhanva Bedekar, learned Advocate for the Applicants assures this Court to comply with the objections notified by the Registry of this Court on or before 3rd June 2025.

[ASHWIN D. BHOBE, J.] GITALAXMI KRISHNA KOTAWADEKAR GITALAXMI KRISHNA KOTAWADEKAR Date: 2025.05.29 20:08:17 +0530