Samir Abdul Sayyad v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3251 OF 2025 Samir Abdul Sayyad ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Piyush Toshniwal i/by Mr. Ashish Pawar, Advocate for Applicant.

Ms. R.V. Newton, APP for the State.

PSI, Yuvraj Patil, Baramati Police Station, Pune Rural present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

26th November 2025 P.C.:

1.

Heard Mr. Toshniwal, learned Counsel appearing for the Applicant and Ms. Newton, learned APP for the State. 2.

By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicant is seeking pre-arrest bail in connection with C.R. No.78 of 2024 registered with Baramati Police Station, Pune Rural, for the offences punishable under Sections 323, 364-A, 385, 386, 387 read with Section 34 of the Indian Penal Code, 1860 ("IPC").

3.

The learned Additional Sessions Judge, Baramati by Order dated 1st April 2025 passed in Criminal Bail Application No.221 of 2025 rejected the Anticipatory Bail Application filed by the Applicant. The prosecution case is set out in paragraph No.4 of the said Order, which reads as under:

"Complainant Sanjay Shankarrao Ghule lodged a report at Baramati Taluka Police Station on 13.02.2023 that he is a Medical Officer at Rural Hospital, Rui and also runs a private clinic. On 12.02.2023, while on duty, he received a phone call of one lady at 10.15 a.m., who told her name as Rani More. She again called him at 2.00 p.m. on WhatsApp. She asked the complainant to come to spot in front of Om Sweet Mart, where he went accordingly. On the count of having talk with him, she took him to Aishwarya Hotel and was instigating him to go to lodge, to which he declined and left the hotel. In the way, three unknown boys came in one vehicle and abducted him, in which Rani More was also there alongwith one unknown lady. He was harassed and beaten during journey.

Boys told that they were relatives of Rani More and asked him to marry with her or pay Rs. Ten Lakhs towards her maintenance, otherwise they would kill him and also reveal the incident to media. One Zunjar Maghade being a notorious criminal, also came there. The car was stopped at Patas. The complainant was threatened for payment of Rs. Six Lakhs as a final deal. He was taken in another car and the ladies went away in another car. At about 9.00 p.m., the complainant was left at Palasdev, Tal. Indapur. Accused Zunjar Maghade followed him till Baramati. At about 10.00 p.m.

and compelled him to send Rs. 1,000/- on Phonepe. The said accused told him that he would come next day at 11.00 a.m. to receive cheques. Complainant approached the police station. Police asked him to work as usual in the Rural Hospital. Police personnel were present there in civil dress. After arrival of Zunjar Maghade, complainant issued two cheques in presence of P.S.I. Mali to Zunjar Maghade, in the name of Bharat Suryawanshi as told by him. When Zunjar was leaving the hospital, police caught him. Therefore, complaint came to be lodged regarding abduction of the complainant and extortion against all the accused persons including the present accused as an accomplice in the offence.

4.

Mr. Toshniwal, learned Counsel appearing for the Applicant submits that the name of the Applicant is not reflected in the F.I.R.. All other Accused have been granted either regular bail or anticipatory bail. He submits that the Charge-sheet is already filed against other accused and therefore the investigation is completed. He submits that his role is only that he was driving the car and he has not participated in the crime. There are no other antecedents against the Applicant.

5.

On the other hand, Ms. Newton, learned APP opposes the Anticipatory Bail Application. She submits that the Applicant is involved in the crime and was absconding.

6.

Perusal of the record shows that in the F.I.R., name of the Applicant is not mentioned. Even as per the prosecution case, the role of the Applicant is that he was driving the car. Prima facie, the Applicant has not participated in the actual crime. Most of the Accused have already been released on either regular bail or on anticipatory bail. The Charge-sheet is already filed against other Accused. Thus, the investigation is almost completed. Perusal of record further shows that custodial interrogation is not necessary. 7.

Thus, the Applicant is entitled to pre-arrest bail by imposing certain conditions. Hence, following Order is passed:

O R D E R

(i) In the event of arrest, the Applicant - Samir Abdul Sayyad be released on bail in C.R.No.78 of 2024 registered with Baramati Taluka Police Station, Pune Rural, on executing P.R. bond of Rs.25,000/- and furnishing one or two sureties in the like amount. (ii) The Applicant shall attend the concerned Police Station on 4th December 2025 and 5th December 2025 between 11.00 a.m. to 2.00 p.m. and thereafter as and

when called by the Police and shall co-operate with the investigation.

(iii) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(iv) The Applicant 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.

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

8.

The Anticipatory Bail Application is allowed and disposed of accordingly.

BHALCHANDRA GOPAL DUSANE (MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE Date: 2025.11.29 16:46:59 +0530