Mumbai, June 9, 2022 – Asad Ali Anjum Sayyed @ Jafar has been granted bail by the Sessions Court for Greater Mumbai in connection with an assault case. Additional Sessions Judge Vishal S. Gaike granted bail, citing the simple injuries sustained by the complainant and the existence of a counter-FIR.

Sayyed was arrested in connection with Crime No. 309 of 2022, registered at Dharavi Police Station. He was charged with offences punishable under Sections 307 (attempt to murder), 324 (voluntarily causing hurt by dangerous weapons or means), 504 (intentional insult with intent to provoke breach of¹ the peace), 506 (criminal intimidation), 143 (unlawful assembly), 144 (joining unlawful assembly armed with deadly weapon),² 146 (rioting), read with 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) of the Indian Penal Code, and Section³ 4 read with 25 of the Arms Act.

The Allegations and Complainant’s Account

The complainant, Mohammad Saif Mohammad Anis Farooqui, reported that on April 6, 2022, at approximately 2:15 AM, he was attacked by a group of individuals, including Sayyed, while playing volleyball at Bagichya Garden ground. The complainant alleged that the accused, armed with swords and bamboo sticks, attacked him and his brother, Kaif. He claimed that Sayyed attempted to assault him with a sword, and his brother sustained injuries while trying to intervene.

Defense Arguments and Court’s Observations

Sayyed’s defense argued that he was falsely implicated in the crime and that the incident was a result of a fight between two groups. They stated that Sayyed had attempted to file a report against the complainant on the same day but was initially refused by the police. The defense also emphasized that the complainant was discharged from the hospital on the same day, indicating that he had not sustained grievous injuries.

The court, after reviewing the case diary and hearing arguments from both sides, noted that the complainant’s injury certificate showed only simple injuries, despite allegations of assault with swords and bamboo sticks. The court also took into consideration the counter-FIR filed by Sayyed.

Reasons for Granting Bail

The court cited the following reasons for granting bail:

• Simple Injuries: The complainant sustained only simple injuries, despite allegations of assault with dangerous weapons.
• Counter-FIR: A counter-FIR was filed by Sayyed, indicating a possible altercation between two groups.
• No Further Recovery: Nothing more was to be recovered from Sayyed.
• No Flight Risk or Risk of Committing Similar Offenses: The court found no possibility that Sayyed would flee from justice or commit similar offenses.

Conditions of Bail

Sayyed was granted bail on the following conditions:

• He must execute a personal bond of Rs. 15,000 with one surety of the same amount.
• He must not tamper with prosecution witnesses or evidence.
• He must furnish his detailed address, mobile/contact number, address proof, and identity proof.
• He must inform the court and investigating officer in case of any change of residence or mobile/contact number.
• He must attend the court regularly.
• He must not leave the jurisdiction of the court without permission.
• Provisional cash bail was granted for four weeks, until a solvent surety can be provided.

Implications and Future Proceedings

The granting of bail highlights the court’s consideration of the nature of injuries and the circumstances surrounding the incident. The existence of a counter-FIR and the assessment of the complainant’s injuries played a significant role in the court’s decision. The case will proceed with further investigation and trial, where the prosecution will present its evidence, and the defense will have the opportunity to challenge the allegations. This decision reflects the courts careful consideration of facts and circumstances in criminal proceedings.