Mumbai, Maharashtra – April 6, 2024 – Naved Mohammad Arab has been granted bail by the Additional Sessions Judge, Mumbai, in connection with a case of vandalism and obstruction involving a BEST (Brihanmumbai Electric Supply and Transport) bus.

Background of the Case:

Arab was arrested and charged under Sections 341 (wrongful restraint), 353 (assault or criminal force to deter public servant from discharge of his duty), 504 (intentional insult with intent¹ to provoke breach of the peace), and 506(2) (criminal intimidation) of the Indian Penal Code² (IPC), as well as Section 3(2)(D) of the Prevention of Damage to Public Property Act, in connection with C.R. No. 148/2024 registered at Antop Hill Police Station.

The prosecution alleged that Arab parked his scooter in front of a BEST bus, abused the driver, and threw a stone at the bus’s front windshield. The incident was reportedly captured on video by a passenger.

Arguments Presented:

Arab, through his advocate Sneha Satve, argued that:

• He was falsely implicated in the case.
• There was a delay in filing the FIR.
• The informant was initially unaware of Arab’s name, and he was implicated at the investigating officer’s instance.
• The investigation was substantially complete, and further incarceration was unnecessary.
• The incident did not involve any criminal force or assault.

The prosecution, represented by Additional Public Prosecutor (APP) Abhijeet Gondwal, opposed the bail application, arguing that:

• Arab might threaten the informant and witnesses if released.
• He might abscond.
• He might tamper with evidence.

Court’s Decision and Rationale:

Additional Sessions Judge Dr. A.A. Joglekar granted bail to Arab. The court considered the following factors:

• Completed Investigation (Mostly): The charge sheet had been filed, and the investigation was mostly complete.
• Lack of Recovery: Nothing was recovered from Arab at the time of his arrest.
• Lack of Assault: The court noted that the incident, as described by the prosecution, did not appear to involve any criminal force or assault, which is a key element of Section 353 of the IPC.
• Prima Facie Case: The court concluded that, prima facie, the ingredients of Section 353 of the IPC were not attracted.
• Bail Principles: The court reiterated the principle that, when deciding bail applications, it is necessary to see if a prima facie case exists, but not to conduct a detailed examination of the merits of the prosecution’s case.
• Conditions to Mitigate Prosecution Concerns: The court determined that the prosecution’s concerns could be addressed by imposing stringent conditions.

Bail Conditions Imposed:

The court granted bail to Naved Mohammad Arab on the following conditions:

• Personal Bond and Surety: He must furnish a personal bond of Rs. 30,000 with one or two sureties of the same amount.
• Address and Contact Information: He and his sureties must provide their residential addresses, mobile numbers, and email addresses. He must also inform the police of any changes.
• No Inducement or Threats: He must not directly or indirectly induce, threaten, or promise anything to any person acquainted with the case.
• No Tampering with Evidence: He must not tamper with prosecution evidence.
• Police Station Attendance: He must attend the Antop Hill Police Station every Tuesday and Friday between 11:00 AM and 4:00 PM until further order.
• Passport Surrender: He must surrender his passport to the investigating officer or furnish an affidavit stating that he does not have one.
• No Leaving India: He must not leave India without the court’s permission.
• Bail Cancellation: Any breach of the conditions would result in the immediate cancellation of his bail.

Significance of the Decision:

This decision highlights the court’s careful consideration of the elements of the alleged offenses and the progress of the investigation when determining bail applications. The court’s emphasis on the lack of assault and the completion of the investigation demonstrates a balanced approach to bail decisions. The court also showed that mitigating concerns of the prosecution by adding strict conditions can be enough to grant bail.