Shahid Umarali Sayyed And ANR v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1612 OF 2025 Shahid Umarali Sayyed And Anr.

...Applicants

Versus

The State of Maharashtra And Anr.

...Respondents

Mr. Debajyoti Talukdar, for the Applicant.

Ms. S.M. Yadav, APP, for the Respondent-State. Mr. Vikas Paras Mishra, for the First Informant. Jayasing Dadhe PSI, Khadak Police Sation, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

07th OCTOBER 2025 PC:- 1.

Heard Mr. Talukdar, learned Counsel appearing for the Applicant, Mr. Vikas Mishra, learned Counsel appearing for the First Informant and Ms. Yadav, learned APP for the Respondent-State.

2.

By the present application filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") the Applicants are seeking pre-arrest bail in connection with CR No. 238 of 2025 registered under Section 109, 118(1), 115(2), 352, 351(2),

189(2), 189(5), 190, 191(2), 194(2), 126(2) of the Bharatiya Nyay Sanhita, 2023 ("BNS") 3.

As per the prosecution case on 27th April 2024 at about 02:00 p.m. a rickshaw was stopped opposite the building where the First Informant resides and a woman was getting out of the said rickshaw and as there was some luggage some time was required for removal of the said luggage and therefore, there was traffic jam. Due to the same some altercation took place between the Accused No.1 - Shoaib Umarali Sayyed and one Harsh Keshwani who is the brother of the First Informant. 4.

A perusal of the FIR and material on record shows that the incident in question took place when the said rickshaw was standing and there was traffic jam. At that time abuses were exchanged between said Harsh Keshwani and Shoaib Umarali Sayyed. The incident shows that the same has taken place suddenly. There was no pre-mediation. There is a cross complaint filed being CR No. 409 of 2023 registered with Khadak Police Station, Pune City for the same offences.

5.

This Court by order dated 03rd October 2025 granted prearrest bail to the Accused - Harsh Girish Keswani. Three other Accused Bharat Dewandas Keswani, Karan Lalit Keswani and Girish Keswani in CR No. 409 of 2025 have also been granted bail by this Court by order dated 29th September 2025. The Accused No.1 - Shoaib Umarali Sayyed has already been arrested and he has been released on bail. The present Anticipatory Bail Application is filed by two Accused who were not named in the FIR. The injury certificate shows that the injuries are simple in nature. 6.

Although, Ms. Yadav, learned APP and Mr. Mishra, learned Counsel appearing for the First Informant strongly oppose the Application, however, as already noted herein above, perusal of the record shows that the incident had happened suddenly. There are no antecedents. The injuries are simple in nature. Accordingly, the material on record shows that the custodial interrogation is not necessary.

7.

Mr. Talukdar, learned Counsel appearing for the Applicants submits that the Applicants will completely cooperate with the investigation.

8.

Accordingly, the case is made out for grant of Anticipatory Bail.

9.

Although, the charge-sheet is filed. Ms. Yadav, learned APP states that further investigation is necessary and therefore, the Applicants be directed to attend the concerned Police Station. 10.

In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicants - Shahid Umarali Sayyed and Samir Yusuf Shaikh @ Avez Yunus Shaikh in connection with C.R. No. 238 of 2025 registered with Khadak Police Station, Pune, they be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- each with one or two solvent sureties in the like amount.

(b) The Applicant shall attend the concerned Police Station on 16th October 2025 and 17th October 2025 between 11:00 a.m. to 02:00 p.m. and thereafter once in a week i.e. on every Monday, between 11:00 a.m. to

02:00 p.m. and shall cooperate with the investigation. (c) The Applicants shall furnish their cell phone numbers and residential addresses to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(d) The Applicants shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(e) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

(f) The Applicants shall not leave India without prior permission of the Court.

11.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.]