Bhaiyya Nijam Aatar Alias Ajim Nijam Sayyed Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Bhaiyya Nijam Aatar Alias Ajim Nijam Sayyed Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail: interim protection granted on 13.3.2025 confirmed, subject to conditions (attendance at police station as and when required; no tampering with prosecution evidence and no influencing of informant/witnesses; cooperation with investigation and trial Court proceedings); violation of any condition renders the protection liable to cancellation.

Issue for consideration

Whether the applicant, apprehending arrest in Crime No. 41/2025 (Newasa Police Station, District Ahilyanagar) registered for offences punishable under S. 303(2) of the B.N.S., 2023, is entitled to anticipatory bail / confirmation of the interim protection granted on 13.3.2025.

Court's answer

Considering the submissions and the interim order dated 13.3.2025, the interim protection is confirmed and the anticipatory bail application is allowed, subject to conditions: (i) attendance at the police station as and when required; (ii) no tampering with prosecution evidence and no influencing of the informant, witnesses or other persons concerned; (iii) cooperation with the investigation and with proceedings before the trial Court.

Ratio / Principle

If the applicant violates any of the conditions specified in the order, the protection shall be liable to be cancelled.

Key takeaways

The observations made in the order are limited to the disposal of the present anticipatory bail application; the trial Court shall proceed further in the matter without being influenced by them.obiter¶8

Detailed headnote1 paragraphs

Anticipatory Bail - Confirmation of interim protection - Applicant arraigned in Crime No. 41/2025 (16.1.2025), Newasa Police Station, District Ahilyanagar, for offence under S. 303(2), B.N.S. 2023, arising from theft of foodgrains in which three accused were apprehended and one co-accused named the applicant; 288 k.g. of the total 300 k.g. stolen foodgrain recovered - Counsel submitted the applicant was implicated only through the co-accused's statement with no connecting material such as phone details - Court confirmed the interim protection of 13.3.2025 and allowed the application on conditions of police-station attendance, non-tampering/non-influencing and cooperation, with breach liable to cancellation - Observations confined to disposal of the ABA; trial Court to proceed uninfluenced.

2025:BHC-AUG:8131

ABA 340/25

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

929 ANTICIPATORY BAIL APPLICATION NO. 340 OF 2025

BHAIYYA NIJAM AATAR ALIAS AJIM NIJAM SAYYED VERSUS

THE STATE OF MAHARASHTRA

Advocate for Applicant : Mr. Shah N.S. APP for Respondent/State : Mr. A.A.A. Khan

CORAM : ARUN R. PEDNEKER, J. DATE : 20/03/2025

PER COURT :

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

The applicant is apprehending arrest in connection with Crime No. 41/2025 dated 16.1.2025 registered with Newasa Police Station, District Ahilyanagar for the offences punishable under sections 303(2) of the B.N.S., 2023.

This Court by order dated 13.3.2025 has granted interim protection to the applicant.

The case against the applicant is that certain foodgrains were stolen and three accused were apprehended and one of the co-accused has taken the name of the applicant as the person who was involved in the theft of the foodgrain. Out of total stolen 300 k.g. of foodgrain, 288 k.g. foodgrain has been recovered.

The learned counsel for the applicant submits that the applicant is not involved in the matter and his name is impleaded in the FIR on the basis of statement made by the co-accused and there is no evidence on record connecting the applicant with other co-accused like phone details etc.

ABA 340/25

2

Considering the above submissions and the interim order dated 13.3.2025, I hold that the interim protection can be confirmed.

In view of the above, the application is allowed and the interim protection granted on 13.3.2025 is confirmed on the following terms :

i] The applicant shall attend the police station as and when required.

ii] 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.

iii. 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.]

SSC/