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Bombay High Court

VICKY DATTATRAY NALAWADEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that given the sudden nature of the assault, absence of a weapon, lack of antecedents, and prolonged pre‑trial detention, bail should be granted subject to a personal bond and sureties.

Summary

Vicky Dattatray Nalawade applied for regular bail in a murder case (Crime No.495 of 2025) alleging he assaulted the deceased with fists and kicks during a dispute over chickens. The prosecution argued the offence under several sections of the Bharatiya Nyaya Sanhita, 2023 and warned that the accused might abscond or tamper with witnesses if released. The defence highlighted that the incident was sudden, no weapon was used, the accused has no prior record, and he has been in custody for over seven months with no trial progress. The court examined the charge‑sheet, noted the lack of aggravating factors and the prolonged pre‑trial detention. It concluded that bail should be granted on a personal bond of Rs.25,000 with sureties, subject to conditions not to tamper with evidence or influence witnesses. The trial court was directed to continue the trial on its merits.

Issues considered

  • Whether the accused, Vicky Dattatray Nalawade, is entitled to regular bail despite the serious nature of the murder charges under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • murder
  • pre‑trial detention
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • trial delay

Judgment

                                                                                                17-BA-140-2026.doc



                              N.S.Kamble


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CRIMINAL APPELLATE JURISDICTION

                                           CRIMINAL BAIL APPLICATION NO. 140 OF 2026


                              Vicky Dattatray Nalawade                                    … Applicant
                                    Versus
                              The State of Maharashtra                                    … Respondent
                              ____________________________________________________________
           Digitally signed
NILAM   by NILAM
        SANTOSH
SANTOSH KAMBLE                Mr.Balwant V. Salunkhe a/w Mr.Onkar Koratkar, for the Applicant.
KAMBLE Date: 2026.02.18
           18:35:36 +0530
                              Mr.P.P. Jadhav, APP for Respondent-State.
                              ____________________________________________________________
                                                                CORAM : SHIVKUMAR DIGE, J.
                                                                DATE           :   17th FEBRUARY 2026

                              P.C. :

                              .            By this Application, the Applicant is seeking regular bail in

                              Crime No.495 of 2025 registered with Indapur Police Station, Pune, for

                              the offences punishable under Sections 103(1), 115(2), 351(2), 352 and

                              3(5) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short).

                              2.           It is prosecution’s case that on 5 th July 2025, the Applicant and

                              co-accused murdered the deceased by assaulting him with fist and kick

                              blows on account of dispute of loading and unloading of chickens.

                              3.           It is contention of learned counsel for the Applicant that the

                              Applicant is behind bars for more than seven months. The incident


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N.S.Kamble


occurred suddenly. The Applicant had no intention to kill the deceased.

The Applicant has not used any weapon to assault the deceased. The

Applicant has no antecedents. There is no progress in trial, and requested

to allow the Application.

4.           It is contention of learned APP that, the Applicant and co-

accused assaulted the deceased on account of loading and unloading of

the chickens. If the Applicant released on bail, he may abscond or

threaten prosecution witnesses, and requested to reject the Application.

5.           I have heard both learned counsel. Perused charge-sheet and

documents produced on record.

6.           It appears from the record that incident occurred suddenly, no

weapon was used to assault the deceased. The Applicant is behind bars

for more than seven months. There is no progress in trial. It may take

time to conclude the trial.

7.           Considering these facts, I pass following order.

                                   ORDER

              (i)       The Applicant-Vicky Dattatray Nalawade be

              released on bail in Crime No.495 of 2025 registered with

              Indapur Police Station, Pune, on furnishing PR bond of



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N.S.Kamble


             Rs.25,000/- with one or two solvent sureties in the like

             amount.

             (ii)      The Applicant shall not tamper with the evidence

             and/or influence the prosecution witnesses.

             (iii)     The Trial Court shall decide the case on its own

             merits and in accordance with law, uninfluenced by the

             observations made in this order.

             (iv)      The Applicant shall attend the concerned Police

             Station as and when required.

             (v)       Application is allowed in the aforesaid terms.



                                                (SHIVKUMAR DIGE, J.)




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