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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4), 3(5), 351(2)(3)
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
1 of 4
14.BA.3514.2026.doc
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
2 of 4
14.BA.3514.2026.doc
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
3 of 4
14.BA.3514.2026.doc
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
4 of 4
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.