The Court of Session for Greater Bombay has granted regular bail to Istiyak Ahmed Mohd. Chowdhary, who was arrested in connection with a case involving a street assault where the victim sustained a finger fracture.
Additional Sessions Judge S.B. Pawar allowed the application (Criminal Bail Application No. 1155 of 2024) on May 8, 2024, citing that the investigation appears to be almost complete and that the accused’s continued detention was unnecessary. The Court found no specific criminal antecedents mentioned in the prosecution’s opposition, suggesting that the risks cited could be mitigated through appropriate bail conditions.
Case Details and Allegations
- Applicant: Istiyak Ahmed Mohd. Chowdhary.
- Case: FIR No. 70 of 2024 registered with V. B. Nagar Police Station, Mumbai.
- Offences: Sections 326 (Voluntarily causing grievous hurt by dangerous weapons or means), 504 (Intentional insult with intent to provoke breach of the peace), and 506 (Criminal intimidation) of the Indian Penal Code.
- Incident: According to the FIR lodged by Ajaj Ahmed Khan, the incident occurred on March 7, 2024, near a tea stall in Kurla West. The applicant allegedly approached the informant and his friends, abused him, and assaulted him with a wooden log.
- Injury: The first informant sustained a fracture to the middle finger of his hand.
Court’s Rationale for Granting Bail
Advocate Adib Shaikh represented the applicant, while APP Sulbha Joshi represented the State. The prosecution opposed bail, raising generalized fears that the applicant might commit further offenses, threaten witnesses, or abscond. The Court, however, focused on the following facts:
- Investigation Status: The Court explicitly stated that the “investigation against the applicant appears to be almost complete.”
- No Criminal Antecedents: The prosecution’s reply did “not indicate that applicant has any criminal antecedents.”
- Unnecessary Detention: Considering the stage and nature of the offense, the Judge determined that “further detention of the applicant is unnecessary” and that the prosecution’s apprehensions could be addressed through stringent terms and conditions.
The decision reflects the legal principle that incarceration should not be continued once the necessary custodial investigation and evidence collection are largely finished, especially in the absence of a proven threat or prior criminal history.
Bail Conditions
The Criminal Bail Application No. 1155 of 2024 was allowed. Istiyak Ahmed Mohd. Chowdhary was released on bail upon:
- P.R. Bond & Surety: Executing a Personal Recognizance (PR) Bond of ₹15,000/- and furnishing surety in the like sum.
- Non-Tampering: The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, nor shall he tamper with prosecution evidence.
- No New Offences: The applicant shall not commit similar offenses while on bail.
- Compliance: The applicant must attend the trial regularly and furnish his permanent address and contact details to the police and the Court.