The Court of Sessions for Greater Bombay granted bail to four applicants arrested in connection with a reported altercation and assault involving BEST bus staff. The order, delivered by Additional Sessions Judge Dr. S. D. Tawshikar on April 20, 2024, allowed Criminal Bail Application No. 979 of 2024, filed by Ram Babu Yogendra Prasad, Samir Abdul Shaikh, Kaif Siddiqui Rakhiwala, and Noor Mohd. Fareed Alid Dunna. The applicants were arrested in C.R. No. 90 of 2024 registered at the Cuff Parade Police Station for offenses under Sections 353 (Assault or criminal force to deter public servant from discharge of his duty), 332 (Voluntarily causing hurt to deter public servant), 504 (Intentional insult), 506 (Criminal intimidation), and 427 (Mischief) read with 34 (Common intention) of the Indian Penal Code (IPC)
The case was lodged by a Bus Inspector of BEST. The allegations stem from an incident on April 11, 2023, around 10:00 PM, where two individuals allegedly parked their motorcycle in a manner that hindered the bus driver’s ability to move the bus. This led to an initial argument. The informant, the Bus Inspector, intervened and resolved the quarrel. However, the FIR further alleges that the same two unknown persons chased the bus, and upon catching up, abused and assaulted the bus driver, leading to the registration of the present FIR.
The applicants’ counsel, Ld. Adv. Mr. Vivek Chauhan, argued that applicants No. 2 to 4 are young men, aged between 19 and 20, and that the incident occurred on the day of Eid. He submitted that the applicants had no intention to cause trouble, and the incident was small but was “unnecessarily coloured as a criminal offence” in a false and concocted FIR. The defense highlighted that the applicants were arrested on April 12, 2024, had completed one day of police custody, and were in judicial custody since April 13, 2024. Given that there was nothing left to be seized or recovered and the applicants had no criminal antecedents, their continued detention was unwarranted.
The prosecution, represented by Ld. Addl. P.P. Mr. Ajit Chavan, strongly opposed the application, submitting a detailed reply. The Investigating Officer, Smt. Madhuri Binwade (WPSI), was present and informed the Court that the presence of some of the accused while abusing the bus driver was recorded in Closed-Circuit Television (CCTV) footage.
Despite the prosecution’s objections and the serious nature of the charges, which include assaulting a public servant and are triable by the Sessions Court, the Judge decided to exercise discretion and grant bail. The Court’s primary reason was that the offenses carry a maximum imprisonment of five years, and critically, there seemed to be “no physical injury” to either the informant or the bus driver. The Judge concluded that considering the nature of the allegations, further detention of the applicants was unwarranted before the filing of the charge-sheet.
The Court allowed Criminal Bail Application No. 979 of 2024, ordering all four applicants to be released on bail. They are required to execute a Personal Recognizance (P.R.) and Surety Bond (S.B.) of Rs. 20,000/- each, along with one surety in the like amount. Key conditions were imposed, including the requirement for the applicants to attend the Cuff Parade Police Station as and when called by the investigating officer till the filing of the charge-sheet. They were also barred from tampering with prosecution evidence, threatening witnesses, or committing any other criminal act while on bail. The Court also permitted a provisional cash bail of Rs. 20,000/- for a period of four weeks to facilitate their immediate release while the surety is arranged.