Bombay High Court
MAYUR DATTATRAY BHOKAREversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail was granted to the applicant subject to specified conditions.
Summary
The Bombay High Court considered a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, filed by Mayur Dattatray Bhokare, who was accused of offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. He had been in custody for more than ten months for an incident that occurred spontaneously in a bar, resulting in simple injury. The complainant’s affidavit stated the altercation was a misunderstanding and there was no pre‑meditation or motive. The prosecution opposed bail on the ground of the applicant’s antecedents, but the court found the lack of pre‑meditation and the prolonged incarceration justified bail. Consequently, the court granted bail with a cash bond and several reporting and conduct conditions, without making any observations on the merits of the case.
Issues considered
- Whether bail should be granted under Section 483 BNSS despite the applicant’s antecedents
- Whether the absence of pre‑meditation and the complainant’s affidavit affect the bail decision
- Whether the offences under BNS and the Arms Act warrant denial of bail
Legislation cited
- Arms Act — s. 25, 4
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 118(1), 189(2), 189(4), 190, 191(2), 191(3), 34
Subjects
- bail
- criminal procedure
- premeditation
- antecedents
- Arms Act
- BNSS
- BNS
- simple injury
Judgment
67.BA.2546.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2546 OF 2026
Mayur Dattatray Bhokare .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Tanmay Kate a/w. Mr. Ashraf Kazi, Advocates i/by Mr. Vipul
Dushing, Advocate for Applicant.
Ms. Rajeshree V. Newton, APP for Respondent – State.
PSI – Mr. Avinash Mohan Dedage, Talegaon Dabhade Police Station
present.
......…........…
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 23, 2026.
P.C.:
1. Heard Mr. Kate, learned Advocate for Applicant and Ms.
Newton, learned APP for Respondent – State.
2. This is an Application under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in
connection with C.R.No.326 of 2025 registered with Talegaon
Dabhade Police Station, District Pune for offences punishable under
Sections 118(1), 189(2), 189(4), 191(2), 191(3), 190 read with 34 of
the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Sections 4
and 25 of the Arms Act. The First Information Report is filed on
04.11.2025 and Applicant came to be arrested on 04.11.2025.
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3. Applicant is indicted in a crime and has been in incarceration
for the past more than 10 months. The incident in question happened
at the spur of the moment while Applicant and the Complainant were
both seated in a bar consuming drinks with their friends. The
commotion in the bar became intolerable to both of them and they
entered into a verbal spat which led to the incident in question. Simple
injury has been caused. The injury certificate is appended at page
No.34 of the Application. I have perusal the same.
4. Considering the fact that there was no premeditation and the
incident occurred at the spur of the moment, Applicant has already
suffered incarceration for more than 10 months, I am inclined to allow
the Application.
5. The learned Public Prosecutor has however submitted that in
view of the antecedents of Applicant, the bail should be rejected. I
have considered the said issue also. It is infact the Complainant's own
case on Affidavit that the said incident occurred due to
misunderstanding and Affidavit has been filed. It has not been
considered by the learned Sessions Court and the Bail Application has
been rejected merely on the ground of antecedents.
6. As has been noted hereinabove, there was no premeditation,
plan, or any motive whatsoever which is borne out from the records
and therefore, I am inclined to grant bail.
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67.BA.2546.2026.doc
7. Hence, in view of above prima facie observations and
findings, Bail Application of Applicant is allowed subject to the
following terms and conditions:-
(i) Applicant – Mayur Dattatray Bhokare is directed to be
immediately released from prison in connection with
CR. No.326 of 2025;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs.10,000/- (Rs. Ten Thousand
only) with one or two sureties in the like amount;
(iii) Applicant shall report to the Investigating Officer at
Talegaon Dabhade Police Station, once every month, on
the first Sunday of the month between 10:00 a.m. to
12:00 p.m. until commencement of trial and thereafter
shall attend all dates of hearing before the Trial Court;
(iv) Applicant shall cooperate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicant shall not seek
unnecessary adjournments. Any such conduct shall
entitle the prosecution to apply for cancellation of bail;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
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(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 residential address and mobile telephone
number and shall forthwith inform the Investigating
Officer of any change in his residential address or
mobile telephone number, as and when such change
occurs; and
(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
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 in the above terms.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.09.23
20:48:37 +0530
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