Sadam Firoz Ansari v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.1550 of 2025 Sadam Firoz Ansari Aged: 33 years, Occupation: Business, R/o. Room No.354, Slaughter House Compound, Maharashtra Nagar, No.1, SV Road, Bandra (W), Mumbai - 400050 ... Applicant versus The State of Maharashtra (Goregaon Police Station CR No 216 of 2025) ... Respondent ---- Mr Pranay Saraf, a/w. Mr Aniket Mukadam and Mr Diptendu Bose, for the applicant.

Mr Arfan Sait, APP, for the respondent/ State. WPSI Gaikwad, Goregaon Police Station, Mumbai, is present. ---- Digitally signed by MAMTA AMAR KALE Date:

2025.06.11 19:57:03 +0530 MAMTA AMAR KALE Coram: R.N. Laddha, J.

Date: 11 June 2025.

P.C.:

By this application, the applicant seeks pre-arrest bail in connection with CR No.216 of 2025, registered at Goregaon Police Station, Mumbai, for offences punishable under Sections 118(1), 333, and 351(3) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2.

The prosecution alleges that in the morning of 4 April 2025, the applicant and the co-accused unlawfully entered the informant's apartment and assaulted her. When the applicant called for assistance, they quickly fled the scene. 3.

Mr Pranay Saraf, the learned Counsel appearing on behalf of the applicant, contends that the applicant has been falsely implicated in the present crime. He submits that the only role attributed to the applicant is of allegedly assaulting the informant with fist and kick blows. The alleged weapon was used by the co-accused, not the applicant. The alleged injuries, as reported by the informant, are minor. There is nothing to be recovered or discovered from the applicant. The learned Counsel further submits that the applicant has no criminal antecedents and is ready and willing to comply with the conditions imposed by this Court, including not entering the informant's premises.

4.

On the other hand, Mr Arfan Sait, the learned Additional Public Prosecutor representing the respondent/ State, contends that the offence is of a grave nature. The applicant barged into the informant's house and assaulted her with fist and kick blows. The co-accused are currently absconding, and the investigation is ongoing. Further, the learned APP expresses

concern about granting the applicant pre-arrest bail, as he may tamper with the evidence and influence witnesses. 5.

This Court has given anxious consideration to the rival contentions and perused the records.

6.

A perusal of the records, more particularly the complaint, it appears that the allegations against the applicant revolve around forcibly entering the applicant's premises and assaulting her with fist and kick blows. Admittedly, the alleged weapon was not used by the applicant. Moreover, the alleged weapon has been recovered from the spot of the incident, and nothing remains to be recovered from the applicant. To address the prosecution's concerns regarding tampering with evidence or influencing witnesses, appropriate conditions can be imposed. Hence, the following order:

ORDER

(i) In the event of the applicant's arrest in CR No.216 of 2025, registered at Goregaon Police Station, Mumbai, he shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or two sureties in the like amount.

(ii) The applicant shall attend the

concerned Police Station as and when required by the investigating officer.

(iii) The applicant, himself or through any other person, shall not indulge in activities that may tamper with the evidence or influence the witnesses.

(iv) The applicant, himself or through any other person, shall refrain from entering into the informant's place of residence and contacting her in any manner whatsoever.

7.

The application stands disposed of accordingly. (R.N. Laddha, J.)