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Bombay High Court

ANKUSH JAYWANT SATKARversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail is granted to the applicant subject to the conditions specified by the court.

Summary

An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was filed by Ankush Jaywant Satkar, who is accused of offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4(25) of the Arms Act, 1959, relating to a family dispute that culminated in a fatal assault with a sickle on 1 April 2025. The prosecution’s case is based largely on circumstantial evidence and a neighbour’s statement implicating another accused, with no direct eyewitness to the applicant’s involvement. The applicant had been in custody for 16 months and argued that the motive stemmed from abusive video messages sent by the deceased victim to his family. The court examined the nature of the evidence, the seriousness of the offences, and the applicant’s right to liberty, concluding that bail could be granted subject to strict conditions. Accordingly, the court ordered the applicant’s release on bail with a bond of Rs.25,000 and a series of reporting and non‑interference conditions, while reserving the right to cancel bail for any breach.

Issues considered

  • Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving offences under the Bharatiya Nyaya Sanhita and the Arms Act.
  • Whether the circumstantial evidence and lack of direct eyewitnesses justify denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • circumstantial evidence
  • assault with weapon
  • family dispute
  • Section 483 BNS Act
  • Arms Act
  • Maharashtra

Judgment

                                                                     35-BA-1765-26.doc

rsk

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CRIMINAL APPELLATE JURISDICTION


                        BAIL APPLICATION NO.1765 OF 2026

      Ankush Jaywant Satkar                                    .. Applicant
                 Versus
      The State of Maharashtra                                 .. Respondent

                                  ....................
       Mr. Niranjan Bhavake a/w. Mudra Bhayje a/w. Ms. Vaishnavi
        Chore, Ms. Drishti Madhani and Mr. Aurag Ramkar i/b. Bhavake
        and Associate for Applicant.
       Mrs. Rajeshree V. Newton, APP for the Respondent-State.
                                     ...................

                                    CORAM : MILIND N. JADHAV, J.
                                    DATE          : AUGUST 31, 2026
      P.C.:

      1.      Mr. Niranjan Bhavake, learned counsel for Applicant and Mrs.

      Rajeshree V. Newton, learned APP for the Respondent-State.


      2.      This is an Application under Section 483 of Bharatiya Nagarik

      Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.125 of

      2025 registered with Wadgaon Maval Police Station, Pune for offences

      punishable under Sections103(1), 3(5) of the Bharatiya Nyaya

      Sanhita, 2023 and 4(25) of the Arms Act, 1959. Date of the incident is

      1 April 2025.


      3.      Applicant is indicted in crime No.125 of 2025 registered with

      Wadgaon Maval PoliceStation, Pune, Maharashtra under Sections

      103(1), 3 (5) of BNS Act and Section 4(25) of the Arms Act. Weapon



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in question is sickle (kyota). The applicant and the deceased victim’s

family are all relatives of each other . Though the incident has occurred

on 1 April 2025, the reason for that incident is a fight between the

parties in the year 2018 but that is not simply so. The said dispute

revived in March 2025 leading to the present incident in question. It is

prima facie seen that the applicant along with his wife , daughter,

father-in-law, mother-in-law and other relatives were working in the

field sometime in March 2025. In view of incident of 2018 the

deceased victim had started sending abusive video messages on

Whatsapp to the wife of the applicant who is arraigned as accused

No.1 at that time. The mother in law of the applicant and minor

daughter of the applicant on receiving such messages complained to

Applicant and he not knowing from which mobile phones the messages

were sent enquired upon which it was revealed that said messages

were sent by none other than the deceased victim to them.             The

incident of 2018 pertains to a threat given by the deceased victim to

the applicant and his family members       in view of certain previous

relationship between the victim’s wife and present applicant(accused

No.1). In the statement of the wife of the victim, which is appended

at page 88 she has referred to the incident of 2018. However the

statement of wife of the applicant which has been recorded and

appended at page 85 gives further details leading to the incident in

question.   According to this statement, the deceased victim was

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repeatedly sending abusive and filthy video messages on Whatsapp to

the wife of the applicant and      later on he started sending those

messages to the minor daughter and mother-in-law of the applicant

also. Once this happened there could have been some reason for the

applicant which triggered the incident in question. Insofar as the

incident is concerned , there is no direct eye witness to the incident

save and except the witness statement of a neighbour which

categorically states that it was the accused No. 2 who was instrumental

in inflicting the blow with the weapon i.e. koyta on the head of the

victim. The said neighbour has further stated that after the blow was

inflicted by accused No.2 on the victim, she hid herself inside her

room. Regarding precise role of accused No.1 is concerned, she has

stated that she heard the quarrel with the victim as there was some

scuffle going on between them. Insofar as the statement of Sangeeta,

who is mother of the victim is concerned the same is however a

complete improvisation, however it does not refer to the three accused

persons seen running away from the incident site. She has however

specifically referred to only one person having been seen running from

the incident site. No test identification parade has been either carried

out for identification of   the person who was seen running by the

mother of the victim. The applicant has been incarcerated for 16

months. Accused No.2 has already been enlarged on anticipatory bail

by the Court. Since the case of the prosecution is based on

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circumstantial evidence and the motive of the crime will probably

prove the complicity of the applicant at the time of trial. Insofar as

prima facie material for grant of bail is concerned, applicant has

made out a case for grant of bail.


4.   Considering the aforesaid, Applicant has made out case for grant

of bail subject to following conditions:-


          I)    Applicant is directed to be immediately released from

                prison in connection with Crime No.125 of 2025

                registered with Wadgaon Maval Police Station, Pune;


          ii)   Applicant is directed to be released on bail on

                furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five

                Thousand only) with one surety of the like amount;


          iii) Applicant shall report to the Investigating Officer at

                once every month on the first Monday of the month

                between 10:00 a.m. to 12:00 p.m.;


          iv)   Applicant shall co-operate with the conduct of trial and

                attend the Trial Court on all dates, unless specifically

                exempted    and      will   not   take   any     unnecessary

                adjournments, if he does so it will entitle the

                prosecution to apply for revocation of this order;


          v)    Applicant shall not leave the State of Maharashtra


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                      without prior permission of the Trial Court;


                vi)   Applicant shall not influence with any of the witnesses

                      or tamper with the evidence in any manner;


                vii) Applicant shall keep the Investigating Officer informed

                      of his current address and mobile contact number and /

                      or change of residence or mobile details, if any, from

                      time to time, as applicable; and


                viii) Any infraction of the conditions shall entail cancellation

                      of bail granted to the Applicant.


      5.        It is clarified that the observations made in this order are

      limited for the purpose of granting Bail only and I have not made any

      observations on merits of the case. The trial shall be adjudicated on

      the strength of the evidence led and strictly on its own merits being

      uninfluenced with any of the prima facie observations made

      hereinabove in this order.


      6.        Bail Application is allowed and disposed of in the above

      terms.


rsk                                            [ MILIND N. JADHAV, J. ]




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