Bombay High Court
HASMAT RAZA NAZIR MOHAMMADversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The Court granted anticipatory bail to the applicant under Section 482 BNSS, subject to stringent conditions.
Summary
Hasmat Raza Nazir Mohammad applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a case arising from a police operation to remove an illegal temple and masjid where a mob of 200‑300 persons pelted stones at police and damaged a government vehicle. The prosecution alleged that the applicant participated in the stone‑pelting, relying on an eye‑witness statement and CCTV footage, while noting that 38 other accused had already been arrested and released on regular bail. The defence argued that the applicant had no prior antecedents and would cooperate with the investigation. The Court examined whether anticipatory bail could be granted despite the prima facie evidence of involvement and whether conditions could safeguard the investigation. It granted anticipatory bail, directing the applicant to furnish a Rs.30,000 bond with sureties and imposing conditions of regular police reporting, furnishing contact details, and prohibitions on tampering with evidence or influencing witnesses. The application was disposed with these conditions.
Issues considered
- Whether anticipatory bail can be granted under Section 482 BNSS in view of the applicant's alleged participation in mob violence.
- Whether the prima facie evidence (eye‑witness statement and CCTV footage) justifies denial of bail.
- Whether imposing reporting and conduct conditions is appropriate to ensure the applicant's cooperation with the investigation.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 189(2), 189(3), 189(5), 190, 324(3)
- Maharashtra Police Act, 1951 — s. 135, 37(1)(3)
- Prevention of Damage to Public Property Act, 1984 — s. 3, 7
Subjects
- anticipatory bail
- Section 482
- public property damage
- mob violence
- police operation
- bail conditions
- criminal procedure
- BNSS
- BNS
Judgment
39-ABA-2322-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2322 OF 2026
Hasmat Raza Nazir Mohammad …Applicant
Versus
The State of Maharashtra …Respondent
Mr. Shaikh Ebaad, for the Applicant.
Mr. Prashant P. Jadhav, APP, for the Respondent-State.
Mr. S. S. Devkar, PSI, attached to Chikhali Police Station, Pimpri-
Chinchwad, Pune, present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 5th OCTOBER 2026
PC:-
1. Heard Mr. Shaikh, learned Counsel appearing for the
Applicant and Mr. Jadhav, learned APP appearing for the
Respondent-State.
2. This application is filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail
in connection with C.R. No.384 of 2026 registered with Chikhali
Police Station, Pimpri-Chinchwad, Pune, for the offences
punishable under Sections 3 and 7 of the Prevention of Damage to
Public Property Act, 1984, Sections 37(1)(3) and 135 of the
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Maharashtra Police Act, 1951 and Sections 189(2),189(3), 189(5),
190 and 324(3) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).
3. It is the submission of Mr. Shaikh, learned Counsel
appearing for the Applicant that the Applicant is not involved in
the crime and that there are no other antecedents against the
Applicant and the Applicant will co-operate with the investigation.
4. On the other hand, Mr. Jadhav, learned APP strongly opposes
the Anticipatory Bail Application. He submits that the Applicant is
involved in the crime. There are statements of the eye-witnesses
and there is a CCTV footage of the incident. He submits that 38
accused have already been arrested and released on a regular bail.
The chargesheet has been filed against the arrested accused.
5. The prosecution case is set out in paragraph No.4 of the
order dated 5th August 2026, passed by the learned Additional
Sessions Judge and District Judge-2, Pimpri-Chinchwad, Pune, in
Criminal Bail Application No.1004 of 2026, which reads as under:
“4. On 09/06/2026 at about 00.30 at night at
Pimpri Chinchwad Municipal Corporation,
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Kudalwadi, police went for removing
encroachment of illegal temple and masjid
infront of King Katta, near Nayara Petrol Pump,
Public Road, Kudalwadi, Chikhali Pune, at that
time accused Nazim N. Chaudhari and Izaz
Chaudhari came there alongwith mob of 300 to
400 people and pelted stone on the police staff
and Government vehicle bearing No. MH-12-VC-
8148. Vehicle was damaged and police officer
and police staff sustained injuries. Therefore FIR
registered against two accused and unknown
persons. Accused Nazim Naim Chaudhary and
Izaz Wakar Chaudhary were arrested on the spot
other accused were arrested on the next date by
attribution of separate role against them.”
6. Thus, as per the prosecution case, the Pimpri-Chinchwad
Municipal Corporation was taking action to remove an illegal
Temple and Masjid encroaching upon the public road in front of
King Katta, near Nayara Petrol Pump, Public Road, Kudalwadi,
Chikhali, Pune and at that time a mob of 200-300 peoples gathered
there started pelting stones at the police and several Government
staff members. Therefore, the FIR has been lodged against two
named accused and unknown persons.
7. Mr. Jadhav, learned APP has relied on the statement of one
eye-witness dated 17th June 2026, wherein he has stated that the
present Applicant was giving slogans and throwing stones.
However, persual of the statement of the said eye-witness shows
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that in fact, at the place of the incident his motorcycle has been
found. There is CCTV footage of the incident on which learned APP
has relied, which shows that the Applicant is prima facie involved
in the crime. However, this is a case where about 300 persons are
allegedly involved in the crime. The incident has taken place as the
Pimpri-Chinchwad Municipal Corporation was removing
encrochment of illegal Temple and Masjid. 38 persons have already
been arrested and released on regular bail. Chargesheet is filed
against them. Thus investigation is practically completed. As there
are no other antecedents against the Applicant, the case is made
out for grant of Anticipatory Bail by imposing stringent conditions.
In view thereof, the following order is passed:
ORDER
(a) In the event of arrest of the Applicant-Hasmat Raza
Nazir Mohammad in connection with C.R. No.384 of
2026 registered with the Chikhali Police Station,
Pimpri-Chinchwad, Pune, the Applicant is directed to
be released on bail on his furnishing P.R. Bond in the
sum of Rs.30,000/- with one or two solvent sureties in
the like amount.
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(b) The Applicant shall attend the concerned Police
Station on 12th October 2026 and 13th October 2026
between 11:00 a.m. to 02:00 p.m. and shall cooperate
with the investigation.
(c) The Applicant shall attend the concerned Police
Station once in a month i.e. on 1 st Sunday of each
month between 11:00 a.m. to 02:00 p.m. till filing of
the chargesheet and shall cooperate with the
investigation.
(d) 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.
(e) 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.
(f) The Applicant shall not tamper with the prosecution
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evidence and shall not contact or influence the
Complainant or any witness in any manner.
8. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
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