Abdul Fayyaz Abdul Karim Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Abdul Fayyaz Abdul Karim Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail: in the event of arrest in connection with FIR No.801/2024 (Nanded Rural Police Station) for offences under Sections 118(2), 115(2), 352, 351(2), 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, release on PR bond of Rs.20,000/- with one or two sureties in the like amount, subject to conditions of police-station attendance, non-tampering with evidence, non-influencing of informant/witnesses, and cooperation with investigation and trial; cancellation liable on breach.

Issue for consideration

Whether the applicant, apprehending arrest in connection with FIR No.801/2024 (Nanded Rural Police Station) for offences punishable under Sections 118(2), 115(2), 352, 351(2), 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, should be granted anticipatory bail.

Court's answer

Final anticipatory bail follows because, after the interim protection of 16/12/2024, the applicant remained present at the police station and cooperated with the investigation, and no grievance was raised regarding that cooperation.

Ratio / Principle

The anticipatory bail application is allowed: in the event of arrest in connection with FIR No.801/2024, dated 04/09/2024, registered at Nanded Rural Police Station, District Nanded, for the offences under Sections 118(2), 115(2), 352, 351(2), 351(3) and 3(5) BNS 2023, the applicant is to be released on bail on furnishing a PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

Key takeaways

Release is subject to conditions: the applicant shall attend the police station as and when called; shall not tamper with the prosecution evidence; shall not influence the informant, witnesses and others concerned; and shall cooperate with the investigation and trial Court proceedings. Violation of any condition renders the order liable to be cancelled.ratio¶5
The observations in the order are confined to the disposal of the present anticipatory bail application, and the trial Court is to proceed in the matter without being influenced by them.obiter¶6

Detailed headnote1 paragraphs

Anticipatory bail granted (Bombay High Court, Aurangabad Bench, Arun R. Pedneker, J.; ABA No. 2106 of 2024, decided 08-01-2025). Applicant apprehended arrest in FIR No.801/2024 dated 04/09/2024 of Nanded Rural Police Station, District Nanded, for offences punishable under Sections 118(2), 115(2), 352, 351(2), 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. Interim protection granted on 16/12/2024 was made final, the Court recording that the applicant had remained present at the police station and cooperated with the investigation with no grievance raised. Direction: on arrest, release on PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court, subject to conditions (attendance when called, no tampering with prosecution evidence, no influencing informant or witnesses, cooperation with investigation and trial); violation makes the order liable to cancellation. Observations confined to disposal of the application; trial Court to proceed uninfluenced by them.

2025:BHC-AUG:420

IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD

937 ANTICIPATORY BAIL APPLICATION NO. 2106 OF 2024

Abdul Fayyaz Abdul Karim VERSUS The State Of Maharashtra

Advocate for Applicant : Mr. Syed G R APP for Respondents-State: Mr. V. M. Chate

CORAM : ARUN R. PEDNEKER, J. Dated : January 08, 2025.

PER COURT :-

Heard learned counsel for the applicant and the learned APP for the respondent-State.

The applicant is apprehending arrest in connection with FIR No.801/2024, dated 04/09/2024, registered at Nanded Rural Police Station, District Nanded, for the offences punishable under sections 118 (2), 115(2), 352, 351(2), 351(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023.

This Court, by order dated 16/12/2024, granted interim protection to the applicant for the reasons mentioned in the order. After the passing of the order, in terms thereof, the applicant has remained present at the police station and has cooperated with the investigation. There is no grievance raised regarding the applicant's cooperation with the investigation.

In view of the above, the application is allowed in the following terms : -

i] In the event the applicant is arrested in connection with FIR No.801/2024, dated 04/09/2024, registered at Nanded Rural Police Station, District Nanded, for the offences punishable under sections

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937 ABA 2106-2024

118 (2), 115(2), 352, 351(2), 351(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicant shall attend the police station as and when called by the police.

iii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

The application stands disposed of.

( ARUN R. PEDNEKER, J. )

vj gawade/-.

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