Bombay High Court
MOHAMMAD AZEEM AALAMGEERversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail was granted because the evidence was insufficient to deny the applicant's release pending trial.
Summary
The applicant, Mohammad Azeem Aalamgeer, was charged under Section 103 of the Bharatiya Nyaya Sanhita, 2023 for allegedly killing his friend by striking him with a stone after a drunken quarrel. The prosecution's case relied on a single eyewitness, a brick kiln worker, who claimed to have seen the assault, and on medical evidence of head injuries consistent with a heavy object. The defence argued that the circumstantial evidence was weak, noting that CCTV footage did not capture the spot of the incident and the eyewitness account could be unreliable. The court observed that there was no clear motive or pre‑meditation and that the evidence did not justify continued incarceration. Consequently, the judge held that the applicant had made out a case for bail. The bail was granted on a bond of Rs. 25,000 with standard conditions and the applicant was ordered to report monthly to the investigating officer.
Issues considered
- What is the adequacy of the eyewitness and circumstantial evidence to justify denial of bail?
- Does the absence of a clear motive or pre‑meditation warrant granting bail under Section 103 BNS?
- Are the conditions imposed sufficient to ensure the applicant's attendance at trial and prevent tampering with evidence?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103
Subjects
- bail
- Section 103 BNS
- circumstantial evidence
- eyewitness testimony
- CCTV footage
- criminal procedure
- Maharashtra
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 3129 OF 2026
Mohammad Azeem Aalamgeer .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr.. Vipul Dushing a/w. Mr. Tanmay Kate and Ashraf Kazi,
Advocate for Applicant.
Mr. Amit A. Palkar, APP for the Respondent – State.
................…
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 18, 2026
P. C.:
1. Heard Mr. Dushing, learned Advocate for the Applicant and
Mr. Palkar, learned APP for the Respondent–State.
2. The Applicant is arraigned as an accused in the present crime
under Section 103 of the Bharatiya Nyaya Sanhita, 2023 (BNS). The
date of the incident is 20th December, 2025. Prosecution case is that
Applicant and deceased who were otherwise admittedly best friends
were consuming liquor together near a power supply substation at
Maldhe Shivar, near the Girna River. The prosecution has referred to
Digitally
signed by
RAJESHRI
RAJESHRI PRAKASH
and relied upon the eyewitness account, copy of which is appended at
PRAKASH AHER
AHER Date:
2026.08.19
20:08:02
+0530 Page 73 of the Application. The eyewitness is a brick Kiln worker/
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11 ba 3129 of 2026.odt
brickmaker ( वीटभट् टी कामगार ) residing near the place of the incident,
who had seen the Applicant and the deceased victim together between
02:30 p.m. and 03:00 p.m. in the afternoon hours quarreling with
each other in a drunken state. The eyewitness also records that both
the persons were abusing each other and after some time the deceased
fell to the ground on a push being given by the Applicant, and the
Applicant picked up a stone from the ground in his one hand and
inflicted a blow with the said stone on the head of the victim. This is
the only eye witness account, which is recorded. The case of the
prosecution which is otherwise corroborated by the medical evidence
about the death of the victim caused with a heavy object being
inflicted on his head and face, and the injuries support the said case.
Insofar as the motive is concerned, nothing is coming out from the
record as such so as to indict the Applicant. Arguably no premeditation
of the alleged motive is seen. Save and accept the fact that the quarrel
erupted between the parties in view of the Applicant refusing to get
more liquor for the deceased victim and the deceased victim having
abused the Applicant and vice versa. Recovery of a stone as also the
blood stained cloths is done. One of the submission argued by Mr.
Dushing is that the circumstantial evidence is also prima facie weak as
the CCTV footage relied upon does not capture the spot of incident or
even the alleged assault for that matter. Therefore, the possibility of
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the sole eyewitness being incorrect cannot be ruled out. The Applicant
though has three antecedents but in the absence of motive, no purpose
will be served by him continuing in incarceration. In the facts and
circumstances of the present case, the Applicant has made out a case
for grant of bail. Therefore the Application is allowed. The Applicant
is, therefore, released on bail.
3. In view of the above the following order is passed:-
:: O R D E R ::
(i) Applicant is directed to be immediately released from
prison in connection with Crime No. 328 of 2025;
(ii) Applicant is directed to be released on bail on furnishing
P.R. Bond of Rs. 25,000/- (Rs. Twenty Five Thousand only), with
one surety of the like amount;
(iii) Applicant shall report to the Investigating Officer at
Pawarwadi Police Station, Malegaon, Nashik, once every month
on the first Sunday 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;
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(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 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.
4. Bail Application is allowed and disposed of in the above
terms.
[ MILIND N. JADHAV, J. ]
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