Bombay High Court
ALKASIM @ NAWAB SAJID SIDDIQUIversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHYAM C CHANDAK
Holding
Bail was granted to the applicant subject to specified conditions.
Summary
Alkasim @ Nawab Sajid Siddiqui was charged under Sections 109, 115(2), 352, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for assaulting a victim with a knife, causing simple injuries. The Sessions Court had refused bail, prompting an appeal to the Bombay High Court. The prosecution argued the seriousness of the offence and the applicant’s prior criminal record, while the defence highlighted the simple nature of the injury, the filing of the charge‑sheet, the applicant’s permanent residence and lack of flight risk. The Court noted that the co‑accused had already been granted bail and that there was no risk of evidence tampering. Accordingly, the Court granted bail to the applicant subject to a series of conditions, including a cash bond, regular reporting to police, and non‑interference with witnesses.
Issues considered
- Whether bail should be granted despite the seriousness of the offences under the Bharatiya Nyaya Sanhita.
- Whether the applicant poses a risk of absconding or tampering with evidence after the charge‑sheet has been filed.
- Whether the applicant’s prior criminal record warrants denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 3(5), 351(3), 352
- Indian Penal Code, 1860 — s. 324
Subjects
- bail
- criminal procedure
- assault
- knife attack
- simple injury
- prior criminal record
- conditions of bail
Judgment
WAKLE
MANOJ
JANARDHAN Manoj 6-BA-4815-2025.doc
Digitally signed by
WAKLE MANOJ
JANARDHAN IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.05.26
18:48:25 +0530 CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.4815 OF 2025
Alkasim @ Nawab Sajid Siddiqui …. Applicant
Vs.
State of Maharashtra …. Respondent
WITH
INTERIM APPLICATION NO.280 OF 2026
IN
CRIMINAL BAIL APPLICATION NO.4815 OF 2025
Mr. Hussain Nabiullah Shah …. Intervener
IN THE MATTER BETWEEN :-
Alkasim @ Nawab Sajid Siddiqui …. Applicant
Vs.
State of Maharashtra …. Respondent
Adv. Aditya Parmar a/w Adv. Abdul Wahab Shaikh, for the Applicant.
Mr. S. R. Agarkar, APP for the Respondent-State.
CORAM : SHYAM C. CHANDAK, J.
DATED : 25th MAY, 2026
(VACATION COURT)
P.C. :-
. Present Application seeking release of the Applicant on bail in
connection with C.R. No.1709 of 2025 registered with Mumbra Police
Station under Sections 109, 115(2), 352, 351(3) & 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
2) First informant Husain Nabiulah Shah has filed the aforesaid
Interim Application No.280 of 2026 to intervene in this Bail Application.
However, none appeared for the first informant.
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Manoj 6-BA-4815-2025.doc
3) Hence, heard Mr. Parmar, learned Counsel for the Applicant &
Mr.Agarkar, learned APP for the Respondent-State.
4) The prosecution case is that, on 26.10.2025 at about 17:00
hours while the first informant/victim was cleaning his vehicle, the
Applicant and his co-accused namely Chhotu @ Salim and Amir came there.
Co-accused Chhotu @ Salim and Amir caught hold of the hands of the
informant from his behind and the Applicant assaulted the informant over
his neck by means of a knife and caused him serious injury. On the report
filed by the informant, the aforesaid crime came to be registered. During
the course of investigation, the Applicant and his co-accused were arrested.
The Applicant’s Application seeking bail was rejected by the Sessions Court.
Hence, this Application.
5) Mr. Parmar, learned Counsel for the Applicant submitted that,
the injury sustained by the victim is simple in nature. Except one criminal
case, the Applicant has no other antecedent. The Applicant is permanent
resident of the given address and he is not likely to abscond. Applicant had
preferred the Bail Application before the Sessions Court after filing of the
charge-sheet. However, the bail was refused. Therefore, the Applicant may
be released on bail.
6) The learned APP opposed the Application on the premise that
serious offence is committed by the Applicant. The antecedent of the
Applicant indicates that he is not a law abiding person. Therefore, bail may
be refused.
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Manoj 6-BA-4815-2025.doc
7) I have considered rival submissions. It is the matter of record
that since the charge-sheet is filed, the detention of the Applicant is not
required for further investigation. The injury certificate mentions that the
injuries suffered by the informant are simple. There is no possibility of the
present crime escalating to a higher offence. The Applicant is permanent
resident of the given address and he is not likely to abscond. No doubt,
previously, one crime was registered against the Applicant for the offence
under Section 324 of the I.P.C. but, Mr parmar submits that, in that case the
Applicant is on bail. There is no apprehension that the Applicant is likely to
tamper with the prosecution evidence in any manner and abscond. The trial
will take it’s own time. The co-accused have been granted bail by the trial
Court, who have been roped in the crime by virtue of sharing the common
intention.
8) In view thereof, the Applicant deserves to be released on bail
but subject to certain conditions. Hence, following Order :-
(a) The Applicant Alkasim @ Nawab Sajid Siddiqui shall be
released on bail in connection with C.R. No.1709 of 2025
registered with Mumbra Police Station under Sections 109,
115(2), 352, 351(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023
on his executing P.R. bond in the sum of Rs.50,000/- with one
or two sureties in the like amount.
(b) The Applicant shall report to Mumbra Police Station, on
1st and 16th day of each calendar month between 10:00 a.m. to
02:00 p.m. until further Orders.
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Manoj 6-BA-4815-2025.doc
(c) The Applicant shall attend before the trial Court on each
and every date, unless exempted by the trial Court, for reasons
to be recorded in writing.
(d) The Applicant shall not tamper with the prosecution
evidence and shall not directly or indirectly influence the
prosecution witnesses to prevent them from deposing against
him.
(e) Before his release from jail, the Applicant shall provide
his contact number and the detailed residential address where
he would stay and contact number of one of his close relative
who can be contacted if required by the police, till the trial in
the case is over.
(f) The Applicant shall not commit any offence.
(g) If the Applicant disobeys any of the above conditions, the
bail granted herein shall stand cancelled without further
reference to this Court or the trial Court.
9) The Bail Application is disposed of.
10) Since the informant - Mr. Hussain Nabiullah Shah is absent,
Interim Application No.280 of 2026 stands disposed of.
(SHYAM C. CHANDAK, J.)
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