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Bombay High Court

SADIK ALI YUSUF SAYYEDversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail is granted because no prima facie material links the accused to the offence and the prolonged delay in arrest renders continued detention unjustified.

Summary

The High Court considered an application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, filed by Sadik Ali Yusuf Sayyed, who was arrested 14 months after a robbery allegedly committed on 03.01.2025. The prosecution relied solely on the accused's antecedent record and a recovered gold chain, with no direct evidence linking him to the crime, nor any identification or TIP. The Court noted the unreasonable delay in arrest and the absence of prima facie material, concluding that continued detention was unjustified. Consequently, the Court granted bail subject to standard conditions, including a bond, reporting requirements, and non‑interference with witnesses. The order expressly limited its observations to bail and did not address the merits of the case.

Issues considered

  • Whether bail can be granted under Section 483 BNSS when the arrest occurs after an inordinate delay and lacks prima facie evidence.
  • Whether the accused's antecedent record alone justifies denial of bail.
  • Whether the police's arrest of the accused 14 months post‑incident is lawful.

Legislation cited

Subjects

  • robbery
  • bail
  • delay in arrest
  • prima facie evidence
  • police misconduct
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita

Judgment

                                                              14.BA.3514.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION

                       BAIL APPLICATION NO. 3514 OF 2026

       Sadik Ali Yusuf Sayyed                            .. Applicant
             Versus
       State of Maharashtra                              .. Respondent

                                ....................
        Mr. Sumeet Gemnani, Advocate for Applicant.
        Mr. Yogesh M. Nakhwa, APP for Respondent – State.
        PSI – Mr. Prasad Randive, Bhadrakali Police Station present.
                                   ......…...........

                                  CORAM : MILIND N. JADHAV, J.
                                  DATE         : SEPTEMBER 21, 2026.

       P.C.:

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

       Nakhwa, 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.6 of 2025 registered with Bhadrakali Police

       Station, District Nashik for the offences punishable under Sections

       309(4), 351(2)(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for

       short ‘BNS’).


       3.        Applicant is indicted in a crime for committing robbery. The

       incident which occurred on 03.01.2025 when two unknown persons

       riding on a motorcycle attempted to commit robbery and snatched the



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gold chain (eaxGlq=) of Complainant in a busy marketplace and fled

with the same. For almost more than one full year, the police and the

prosecution machinery were unable to trace the culprits. Applicant was

arrested on 02.02.2026 i.e. 14 months later and indicted as an accused

in the present crime only on the ground of his antecedents. He has not

been identified nor TIP has been conducted. Prior to Applicant's arrest,

he has been mercilessly beaten by the police against which he has filed

a complaint against the police and cognizance of the same has already

been taken by the concerned Principal District and Sessions Judge.


4.        Insofar as Applicant's complicity in the present crime is

concerned, there is nothing placed before me to show that Applicant

has committed the present crime. The only argument advanced by the

learned prosecutor is that Applicant is having pending antecedents and

therefore he has been arrested on the basis of recovery made by the

police with regard to the gold chain which was snatched by Applicant.


5.        Considering the aforesaid timeline and no justification for

the police arresting the Applicant after a humongous period of 14

months and no prima facie material being shown to me, Applicant has

made out a case for grant of bail.


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

findings, Bail Application of Applicant is allowed subject to the




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following terms and conditions:-

         (i)   Applicant – Sadik Ali Yusuf Sayyed is directed to be

               immediately released from prison in connection with

               CR. No.6 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

               Bhadrakali 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

               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



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                                     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.


       7.                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.


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




                                                                 [ MILIND N. JADHAV, J. ]

Ajay              Digitally signed
                  by RAVINDRA
       RAVINDRA MOHAN
                AMBERKAR
       MOHAN    Date:
       AMBERKAR 2026.09.21
                  20:15:50
                  +0530




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