Bombay High Court
VICKY DATTATRAY NALAWADEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 3(5), 351(2), 352
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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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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