Bombay High Court
TAUSIF @ CHUHA JAMEER SAYYEDversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that the applicant’s extended pre‑trial incarceration and the identified procedural lapses warranted his release on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The applicant, Tausif @ Chuha Jameer Sayyed, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for offences including sections 310(4) and 223 of the same Act, sections 22(c) and 29 of the NDPS Act, provisions of the Maharashtra Police Act, Arms Act and MCOC Act. He had been in custody for over two years, and the prosecution argued that he was a history‑sheeter and likely to reoffend. The court noted procedural lapses, such as the failure to record secret information under Section 42(2) of the NDPS Act, and the long pre‑trial detention with a remote prospect of trial. Considering these factors, the judge inclined to grant bail, imposing a bond of Rs. 1,00,000 with one surety and several reporting and conduct conditions. The bail application was allowed and the applicant was ordered to be released from prison.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita despite the seriousness of the charges and alleged history‑sheeter status.
- Whether the prolonged pre‑trial detention of more than two years justifies bail.
- Whether procedural deficiencies, such as non‑recording of secret information under Section 42(2) of the NDPS Act, affect the bail decision.
Legislation cited
- Arms Act — s. 3(25), 4(25)
- Bharatiya Nagarik Suraksha Sanhita — s. 223, 310(4)
- Maharashtra Police Act — s. 135, 37(1)(3)
- NDPS Act — s. 22(c), 29, 42(2)
Subjects
- bail
- pre‑trial detention
- NDPS Act
- Arms Act
- MCOC Act
- procedural lapse
- history‑sheeter
Judgment
24. BA-2080-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2080 OF 2026
Tausif @ Chuha Jameer Sayyed .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Ms. Savvy Kolhekar i/by Mr. Aniket Vagal, Advocates for Applicant
Ms. Shilpa G. Talhar, APP for State
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 24, 2026
P. C.:
1. Heard Ms. Kolhekar, learned Advocate for Applicant and Ms.
Talhar, learned APP for State.
2. This is an Application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 997
of 2024 registered with Bharati Vidyapeeth Police Station under
Sections 310(4), 223 of BNS, 22(c) & 29 of NDPS Act, 37(1)(3) / 135
of the Maharashtra Police Act, 3(25), 4(25) of Arms Act and 3(1)(ii),
3(2), 3(4) of MCOC Act.
3. Applicant is in incarceration since 2 years. The chargesheet has
been filed. The sole contention advanced on behalf of the prosecution
is that the Applicant is a history-sheeter and that, if released on bail,
there is a likelihood of his re-offending. However, the aforesaid
contention advanced on behalf of the prosecution is required to be
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considered in the light of the submissions advanced by Ms. Kolhekar,
learned Advocate for the Applicant.
4. Prima facie, Applicant is apprehended along with five other
accused with their two wheelers and four wheelers seized at about
4.10 a.m. in the morning. One of the person incidentally ran away
from the spot by taking advantage of darkness. Prima facie, it appears
that, upon conducting a personal search of the Applicant, the
prosecution recovered a yellow-coloured powder, which is alleged to
be MD. There is gap of three months for sending the inventory.
Seizure panchanama is appended at page No. 113 of Application.
Secret information of the Applicant coming to the public place has not
been recorded in any station diary thereby violating the provisions of
Section 42(2) of the NDPS Act.
5. In view of the above and long incarceration of the Application
for more than two years and possibility of trial being commenced and
concluded in near future being very remote, I am inclined to release
the Applicant on bail.
6. In view of the above the following order is passed:-
(i) Applicant is directed to be immediately released from
prison in connection with C.R. No. 997 of 2024;
(ii) Applicant is directed to be released on bail on
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furnishing P.R. Bond of Rs. 1,00,000/- (Rs. One Lakh
only) with one surety of the like amount;
(iii) Applicant shall report to the Investigating Officer at
Bharati Vidyapeeth Police Station, once every month on
the first Sunday of the month between 10:00 a.m. to
12:00 p.m.;
(iv) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically
exempted and will not take any unnecessary
adjournments, if he does so it will entitle the
prosecution to apply for revocation of this order;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence with any of the witnesses
or tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current address and mobile contact number and /
or change of residence or mobile details, if any, from
time to time, as applicable; and
(viii)Any infraction of the conditions shall entail cancellation
of bail granted to the Applicant.
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7. Needless to state that the above observations will not come in
the way of trial as they are prima facie in nature based on the
submissions made and the material placed before this Court.
8. Bail Application is allowed and disposed of in the above
terms.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally
signed by
RAVINDRA
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.08.24
15:16:07
+0530
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