Bombay High Court

KRUSHNA VIRENDRA SINGHversusSTATE OF MAHARASHTRA

Decided: 1 October 2026
Disposal: Disposed Off

Holding

The court granted bail to the applicants, subject to conditions, finding no sufficient ground to refuse bail.

Summary

The High Court considered bail applications filed by Saurav Ravi Chanda and Krushna Virendra Singh, who were charged under Sections 103(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly inserting a plastic pipe into a deceased's anus during a Holi water‑play, causing fatal injuries. The prosecution alleged that the accused intentionally caused the death by administering liquor and infusing water, suggesting a prima facie case of murder and Section 105 offences. The court noted the absence of prior enmity and that the act appeared accidental, though the accused knew it could cause serious injury. It also observed that the applicants had been in custody for 18 months, the trial was unlikely to conclude soon, and there was no risk of absconding or tampering with evidence. Consequently, the court granted bail to both applicants subject to strict conditions, emphasizing that the order does not prejudice the trial’s merits.

Issues considered

Whether bail should be granted to the accused despite the seriousness of the alleged offences under the Bharatiya Nyaya Sanhita.
Whether a prima facie case exists for murder or attempt to murder under Section 105 of the Bharatiya Nyaya Sanhita.
Whether the accused are likely to abscond, tamper with evidence, or influence witnesses if released on bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 105, 3(5), 352

Subjects

bail
criminal procedure
murder
attempt to murder
Section 105
Section 103
Section 352
Section 3(5)
Bharatiya Nyaya Sanhita
high court
conditions of bail

Judgment

Digitally signed
by SANJAY
SANJAY ASARAM
ASARAM MANDAWGAD
MANDAWGAD Date:
2026.10.03 SA_MANDAWGAD 909 BA 1364-26 AND 2156-26.DOC
16:58:49 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1364 OF 2026

Saurav Ravi Chanda … Applicant
V/S.
State of Maharashtra … Respondent
AND
BAIL APPLICATION NO. 2156 OF 2026

Krushna Virendra Singh … Applicant
V/S.
State of Maharashtra … Respondent

Mr. Veerdhawal Deshmukh, for the Applicants.
Ms. K.T. Hiwrale, APP for Respondent–State in BA/1364/2026.
Ms. Veera Shinde, APP for Respondent-State in BA/2156/2026.
Mr.L.P.Bade, Kalyan Taluka PS, Thane, present.

CORAM: SHYAM C. CHANDAK, J.
DATED : 1st OCTOBER, 2026
P.C. :-
1. Heard learned Counsel for the parties. Perused the record.

2. Ms. Shinde, learned APP, tenders post mortem notes. It is
taken on record.

3. The applicants seek their release on bail in connection with
C.R. No. 143 of 2025, registered with Kalyan Taluka Police Station,
Thane, for the offence punishable under Sections 103(1), 352 and
3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”), on the report
dated 17.03.2025 lodged by Shreeti Upadhyay-informant.

4. The prosecution case is that, on 14.03.2025 between 13:30
hours and 17:00 hours, at Maharaj Lawns, Kalyan, the applicants,
co-accused Manish Chotramani and the deceased were playing
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SA_MANDAWGAD 909 BA 1364-26 AND 2156-26.DOC

‘Holi’ with water. At that time, the applicants caught hold of the
deceased and co-accused Manish Chotramani inserted a plastic
pipe into the anus of the deceased and infused water. The
deceased suffered grievous injury to the anus and, his large
intestine ruptured. However, the accused persons left the deceased
at the spot in that dying condition and, without arranging for his
medical. As a result, the deceased succumbed to the injuries.
Therefore, aforesaid crime came was registered and, the accused
persons came to be arrested. Investigation revealed that with an
intention to commit the murder of the deceased, the accused
persons administered liquor to the deceased and infused water in
his body through the anus. Accordingly, the accused stood charge-
sheeted. The trial Court refused to release the applicants on bail.

5. Ms. Hiwrale, the learned APP submitted that there is prima
facie case against the applicants of having committed the alleged
offence. Because, first, the accused persons caused the deceased to
consume liquor and then they committed his murder by infusing
water in his body. Therefore, bail may be refused.

6. However, I have noticed that there was no prior enmity
between the accused persons on one hand and the deceased on the
other. On the contrary, just before the incident, the four had
consumed liquor and then went to play ‘Holi’ splashing water on
each other. Meanwhile, the accused persons infused water in the
body of the deceased through his anus and consequently, he
suffered the said injuries leading to his death. Considering these
facts, it appears that, while doing the said act with the deceased,
the applicants and accused Manish Chotramani did not realise
that said act may lead to the death of the deceased. Therefore,

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SA_MANDAWGAD 909 BA 1364-26 AND 2156-26.DOC

prima facie it cannot be concluded that all the accused persons
with an intention to cause the death of the deceased administered
him liquor, infused water in his body through his anus and caused
him the said injuries. However, the material on record clearly
indicate that the accused knew that their said act may cause
serious injuries to the deceased and cause his death, therefore, the
accused may be guilty of the offence of Section 105 of BNS.

The applicants are in jail since last 18 months. The trial is
not likely to conclude in a foreseeable future. The applicants are
not likely to abscond and tamper with the prosecution evidence.

7. In the wake of above, I am inclined to release the applicants
on bail. Hence, following Order:

(i) The applicants, Saurav Ravi Chanda and Krushna
Virendra Singh, be released on bail in connection with
C.R. No. 143 of 2025, registered with Kalyan Taluka
Police Station, Thane, on each of them executing a P.R.
Bond in the sum of Rs.50,000/- each, with one or two
sureties in the like amount.

(ii) The applicants shall mark their attendance at Kalyan
Railway Police Station, Kalyan, on 1 st day of a month,
every two months, between 11:00 a.m. to 2:00 p.m., till
conclusion of the trial.

(iii) The applicants shall regularly attend the proceedings
before the jurisdictional Court unless exempted by the
said Court, for the reasons to be recorded in writing.

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SA_MANDAWGAD 909 BA 1364-26 AND 2156-26.DOC

(iv) The applicants shall not tamper with the prosecution
evidence and shall not directly or indirectly influence
the prosecution witnesses to prevent them from
deposing against him.

(v) On being released from jail, the applicants shall furnish
their contact number and residential address to the
Investigating Officer and shall keep him updated in
case there is any change.

(vi) The applicants shall not indulge in identical activities
for which they have been arraigned in this case.

(vii) It is clarified that any observation made in the present
Order are for the purpose of deciding the present Bail
application and should not influence the outcome of the
trial and also not be taken as an expression of opinion
on the merits of the case.

8. Bail Application stands disposed of in aforesaid terms.

(SHYAM C. CHANDAK, J.)

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