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Bombay High Court

RAMZAN SIDDIK GAZIversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that bail must be granted as the prosecution case is prima facie doubtful.

Summary

The applicant, Ramzan Siddik Gazi, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for alleged offences under Sections 326A and 307 of the Indian Penal Code. The prosecution alleged that the applicant threw acid on his wife, but the charge sheet contained contradictory statements from the victim and a medical certificate that raised doubts about the timeline and nature of the injury. The court noted that the victim’s claim of traveling by train from Mumbai to Calcutta within twelve hours after sustaining burns was implausible, rendering the FIR and prosecution case prima facie doubtful. Relying on these inconsistencies, the court concluded that the applicant was entitled to bail, subject to standard conditions. The order expressly limited its observations to bail and did not address the merits of the case.

Issues considered

  • Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged offences under Sections 326A and 307 of the IPC given the alleged facts.
  • Whether the inconsistencies in the victim’s statement and the medical certificate create sufficient doubt to merit bail.
  • What conditions, if any, should be imposed on the grant of bail.

Legislation cited

Subjects

  • bail
  • acid attack
  • prima facie doubt
  • Section 483
  • Indian Penal Code
  • criminal procedure
  • evidence inconsistency

Judgment

                                                                            22.BA.3596.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION


                               BAIL APPLICATION NO.3596 OF 2026

              Ramzan Siddik Gazi                                       .. Applicant
                         Versus
              The State of Maharashtra                                 .. Respondent
                                          ....................
               Mr. Tanveer Aziz Patel, Advocate for Applicant.
               Mr. Sukanta A. Karmakar, APP for Respondent.
               PSI – Deepak Shelke, Panvel Taluka Police Station.
                                             ...................

                                            CORAM : MILIND N. JADHAV, J.
                                            DATE          : SEPTEMBER 23, 2026
              P.C.:

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

              Karmakar, learned APP for Respondent.


              2.        This is an Application under Section 483 of Bharatiya

              Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.

              No.44 of 2024 registered with Panvel Taluka Police Station for

              offences punishable under Sections 326A and 307 of the Indian Penal

              Code, 1860.


              3.        There is a clear dichotomy which is seen by the Court in the

              statement of the victim which is recorded in the question-answer form

              on page No.38 which is part of the charge sheet and the medical

              certificate with regard to the burn injury suffered by the victim.


              4.        The incident in question occurred in the intervening night of


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20.01.2024 and 21.01.2024 at about 2:00 a.m.. Prima facie witness

statements show that the entire crowd in the vicinity including the

relatives of the victim gathered at the house and with the aid and

assistance of the landlord of the chawl, the victim alongwith her

children was taken to her brother’s place at about 4:00 a.m. in the

morning.


5.         According to the prosecution’s case and though not

supported in its entirety even according to the victim-prosecutrix, it is

seen that at 4:00 a.m. in the morning she alongwith her family

members and brother sat in the train going to Calcutta and reached

Calcutta where she took medical assistance.


6.         Case of the prosecution is that the Applicant threw acid on

the face and chest of the victim who is his wife. However, further

investigation by the prosecution shows that the material which was

thrown was tiles cleaner having the brand name ‘Kobra’.


7.         According to the victim after she reached Calcutta within a

span of 12 hours, which is prima facie unbelievable, she got herself

treated on 21.01.2024 at 4:40 p.m. and the medical certificate of the

Calcutta National Medical College and Hospital is appended at page

No.75. It states that the victim had suffered 20% acid burns.


8.         However, prima facie the theory of the victim having

suffered the injury and travelled by train from Mumbai to Calcutta

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with the injury is itself on the face of record unbelievable as also the

date and time of issuance of the Medical Certificate by the Calcutta

Hospital within 12 hous thereafter which is prima facie suspicious. No

train journey from Mumbai to Kolkatta is completed within 12 hours.

Hence, the prosecution case and FIR statement is prima facie doubtful.

Therefore, prima facie case is clearly made out by the learned Advocate

for the Applicant for grant of bail.


9.        Considering the aforesaid, Applicant is granted bail subject

to following conditions:-


          (i)   Applicant is directed to be immediately released from

                prison in connection with Crime No.44 of 2024;


          (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 surety / sureties of the

                like amount;

          (iii) Applicant shall report to the Investigating Officer at the

                concerned Police Station, once every month on the first

                Monday 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


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                                            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 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.

               10.                  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.


               11.                  Bail Application is allowed and disposed of in the above

               terms.



H. H. SAWANT                                                         [ MILIND N. JADHAV, J. ]
                         Digitally signed
                         by HARSHADA
               HARSHADA HANUMANT
                        SAWANT
               HANUMANT Date:
               SAWANT   2026.09.23
                         20:20:06
                         +0530



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