Bombay High Court
PRATIK PRABHAKAR DESHMUKHversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted on the ground of parity with co‑accused and absence of antecedents.
Summary
The applicant, Pratik Prabhakar Deshmukh, was charged in a road‑rage incident that resulted in a fatal assault, being named as Accused No.3 in the FIR and No.2 in the charge‑sheet. Four of the seven co‑accused had already been released on bail, and the applicant argued that his role was similar and he had no prior criminal record. The bail application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking release for offences listed under various sections of the Bharatiya Nyaya Sanhita, 2023. The Court considered the principle of parity with co‑accused, the applicant’s long pre‑trial detention of over one and a half years, and his clean antecedent record. Finding no reason to deny bail, the Court granted bail subject to a cash bond and several conditions, without commenting on the merits of the case. The bail order was recorded as allowed and the application disposed.
Issues considered
- Whether bail should be granted to the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 considering parity with co‑accused and length of pre‑trial detention.
- Whether the applicant’s lack of antecedents warrants the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 118(1), 126(2), 189(2), 190, 191(2), 191(3), 351(2), 352
Subjects
- bail
- road rage
- parity
- pre‑trial detention
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- assault
- criminal trial
Judgment
41.BA.2143.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.2143 OF 2026
Pratik Prabhakar Deshmukh .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Aadesh Konde-Deshmukh, Advocate for Applicant.
Mr. Yogesh M. Nakhwa, APP for Respondent.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 30, 2026
P.C.:
1. Heard Mr. Konde-Deshmukh, learned Advocate for Applicant
and Mr. Nakhwa, learned APP for Respondent.
2. This is an Application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.
No.136 of 2025 registered with Lonavala Gramin Police Station for
offences punishable under Sections 103(1), 109, 118(1), 115(2),
126(2), 351(2), 352, 189(2), 190, 191(3), 191(2) of the Bharatiya
Nyaya Sanhita, 2023.
3. Incident in the present case is on the account of a road rage
incident which occurred on the spur of the moment when vehicles of
both the groups parked along side each other and while maneuvering
from the parking lot, there was friction which led to a verbal
altercation leading to assault in question.
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41.BA.2143.2026.doc
4. 4 out of 7 Accused persons are already enlarged on bail.
Principal assailant is Accused No.7. Present Application before me is
Accused No.3 in the First Information Report and Accused No.2 in the
C.R.. Admittedly incident occurred in public place in the parking lot
outside Yewale resort which ultimately led to the unfortunate fatal
assault.
5. The copies of bail orders of other four accused persons are
appended to the Application. The role of the present Applicant is
similar to that of other co-accused persons who have been enlarged on
bail.
6. Hence, on the ground of parity as also long incarceration for
past more than one and half year, Mr. Konde-Deshmukh has persuaded
the Court to consider the Application on parity. Applicant has no
antecedents either. Hence, I am inclined to consider the case of
Applicant.
7. Considering the aforesaid, Applicant is released on bail
subject to following conditions:-
(i) Applicant - Pratik Prabhakar Deshmukh is directed to be
immediately released from prison in connection with
Crime No. 136 of 2025;
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41.BA.2143.2026.doc
(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 or two surety / sureties of the
like amount;
(iii) Applicant shall report to the Investigating Officer at
Lonavala Gramin Police Station, 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
without prior permission of the Trial Court;
(vi) Applicant shall not influence 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.
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41.BA.2143.2026.doc
8. 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.
9. Bail Application is allowed and disposed of in the above
terms.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.09.30
14:49:03 +0530
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