Bombay High Court

NAEEM AKHATAR SAGEER AHMADversusSTATE OF MAHARASHTRA

Decided: 21 September 2026
Disposal: Allowed

Holding

Bail is granted to the applicant subject to specified conditions.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Naeem Akhatar Sageer Ahmad, who was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution produced a muster roll showing the applicant's signature, alleging that it indicated his involvement in the alleged offences. The defense argued that the signature merely demonstrated his employment and education, and that bail should be granted on parity with co‑accused who were released. The Court held that the signature sufficed as prima facie evidence of the applicant’s presence at the institution and, given the parity principle, bail could be granted. Consequently, the Court ordered the applicant’s release on bail with a cash bond and several reporting and conduct conditions, clarifying that the order was limited to bail and not on the merits of the case.

Issues considered

Whether the presence of the applicant's signature on the muster roll constitutes sufficient prima facie evidence to deny bail.
Whether parity with co‑accused who were granted bail warrants granting bail to the applicant.
Whether bail can be granted under Section 483 of the BNSS, 2023 for the offences alleged under the BNS, 2023.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 238, 316(4), 316(5), 318(4), 336(2), 336(3), 338, 340(2), 61(2)

Subjects

bail
prima facie evidence
parity principle
criminal procedure
BNSS 2023
BNS 2023
attendance sheet
muster roll

Judgment

35.BA.1580.2026.doc

Ajay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 1580 OF 2026

Naeem Akhatar Sageer Ahmad .. Applicant
Versus
State of Maharashtra and Anr. .. Respondents
....................
 Mr. Niranjan Mundargi, Advocate i/by Ms. Keral Mehta for
Applicant.
 Ms. Mankuwar M. Deshmukh, APP for Respondent – State.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 21, 2026.

P.C.:

1. Heard Mr. Mundargi, learned Advocate for Applicant and

Ms. Deshmukh, learned APP for Respondent – State.

2. This is an Application under Section 483 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking regular bail

in connection with C.R.No.181 of 2025 registered with Pawarwadi

Police Station, District Nashik for the offences punishable under

Sections 318(4), 336(2), 338, 336(3), 340(2), 61(2), 316(4), 316(5)

and 238 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

3. Mr. Mundargi, learned Advocate appearing on behalf of

Applicant in the present Bail Application No.1580 of 2026. The case of

Applicant is pleaded on the ground of parity and a strong circumstance

has been shown by learned Mr. Mundargi emanating from the Affidavit

1 of 5
35.BA.1580.2026.doc

filed by the prosecution pursuant to directions contained in paragraph

No.6 of the order dated 24.08.2026 qua the present case. On page

No.1646 - Exhibit ‘D’, the name of Applicant having appended his

signature alongwith the other teachers in September 2018 has been

produced by the prosecution itself. Further, even during the following

year up to 2019, the said muster roll has been produced which is

appended from page No.1646 to page No.1653 of the Application.

4. Though Ms. Deshmukh, learned APP vehemently argues and

submits that the same has been produced to show that Applicant had

simultaneously signed in the muster roll of the teachers maintained by

the Institution and also at the same time he was undertaking his B.Ed.

education and he had also signed in the college where he was taking

such education, prima facie, for the sake of grant of bail, I refuse to

accept the case of the prosecution.

5. The complicity of Applicant as to whether the signature in

the attendance sheet that has been placed before me by the

prosecution was fabricated or otherwise or the fact that he had never

signed, can undoubtedly be proved at trial. For the sake of grant of

bail, it is prima facie enough if it is shown from the record that during

the contentious period the Applicant had signed the muster roll and

worked in the Institution.

6. Considering the aforesaid reason and ground on parity with

2 of 5
35.BA.1580.2026.doc

the other two co-accused similarly placed teachers in Bail Application

No.1355 of 2026 and the order passed on 24.08.2026, Applicant in the

present Bail Application No.1580 of 2026 is released on bail.

7. Hence, in view of above prima facie observations and

findings, Bail Application of Applicant is allowed subject to the

following terms and conditions:-

(i) Applicant – Naeem Akhatar Sageer Ahmad is directed to

be immediately released from prison in connection with

CR. No.181 of 2025;

(ii) Applicant is directed to be released on bail on

furnishing P.R. Bond of Rs.15,000/- (Rs. Fifteen

Thousand only) with one or two sureties in the like

amount;

(iii) Applicant shall report to the Investigating Officer at

Pawarwadi Police Station, once every month, on the

first Sunday of the month between 10:00 a.m. to 12:00

p.m. until commencement of trial and thereafter shall

attend all dates of hearing before the Trial Court;

(iv) Applicant shall cooperate with the conduct of the trial

and remain present before the Trial Court on all dates,

unless specifically exempted. Applicant shall not seek

3 of 5
35.BA.1580.2026.doc

unnecessary adjournments. Any such conduct shall

entitle the prosecution to apply for cancellation of bail;

(v) Applicant shall not leave the State of Maharashtra

without prior permission of the Trial Court;

(vi) Applicant shall not influence any of the witnesses or

tamper with the evidence in any manner;

(vii) Applicant shall keep the Investigating Officer informed

of his current residential address and mobile telephone

number and shall forthwith inform the Investigating

Officer of any change in his residential address or

mobile telephone number, as and when such change

occurs; and

(viii)Any breach or infraction of any of the aforesaid

conditions shall entail cancellation of the bail granted to

the Applicant.

8. It is clarified that the observations made in this order are

limited for the purpose of granting bail only and I have not made any

observations on merits of the case. The trial shall be adjudicated on

the strength of the evidence led and strictly on its own merits being

uninfluenced with any of the prima facie observations made

hereinabove in this order.

4 of 5
35.BA.1580.2026.doc

9. Bail Application is allowed and disposed in the above terms.

[ MILIND N. JADHAV, J. ]

Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date:
2026.09.21
15:12:21 +0530

5 of 5

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.