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Bombay High Court

VINOD VISHWANATH MOREversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail was granted to the accused subject to strict conditions.

Summary

The applicant, Vinod Vishwanath More, was charged with murder under Sections 103(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and related provisions of the Maharashtra Police Act, 1951, arising from an altercation at Samrat Garden Hotel on 19-20 August 2025. The prosecution alleged that More, while intoxicated, struck the victim with a stick, leading to the victim's death after being taken to a hospital. More sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, arguing that the charge‑sheet had been filed, further custodial interrogation was unnecessary, and the trial would be lengthy. The court examined the seriousness of the offence, the risk of evidence tampering, and the fact that three co‑accused had already been released on bail, finding no compelling reason to deny bail. Relying on the principle of parity and the absence of a clear motive, the judge granted bail with stringent conditions. The bail order was issued without any comment on the merits of the murder charge.

Issues considered

  • Whether bail should be granted to the accused in a murder case under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 considering the seriousness of the offence and risk of tampering with evidence.

Legislation cited

Subjects

  • bail
  • murder
  • intoxication
  • Section 483
  • criminal procedure
  • Maharashtra
  • evidence tampering
  • parity

Judgment

                                                               65.BA.2548.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                       BAIL APPLICATION NO. 2548 OF 2026

       Vinod Vishwanath More                              .. Applicant
                  Versus
       The State of Maharashtra                           .. Respondent
                                ....................
        Mr. Amey D. Deshpande, Advocate for Applicant.
        Ms. Rajeshree V. Newton, APP for Respondent.
                                    ...................

                                   CORAM : MILIND N. JADHAV, J.
                                   DATE          : OCTOBER 09, 2026
       P.C.:

       1.        Heard Mr. Deshpande, learned Advocate for Applicant and

       Ms. Newton, learned APP for Respondent.


       2.        This is an Application under Section 483 of Bharatiya

       Nagarik Suraksha Sanhita, 2023 seeking bail in connection with F.I.R.

       No.288 of 2025 registered with Dehu Road Police Station for offences

       punishable under Sections 103(3) and 3(5) of the Bharatiya Nyaya

       Sanhita, 2023 and Sections 37(1)(3) and 135 of the Maharashtra

       Police Act, 1951.


       3.        Applicant is indicted for the offence of murder of his friend.

       Out of the 4 accused persons, 3 of the accused persons are enlarged on

       bail whereas Applicant who is accused person No.3 was arrested on

       21.08.2025. The incident in question happened in the intervening

       night of 19.08.2025 and 20.08.2025.

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4.        The prosecution case is that the victim and Applicant

alongwith their friends were all known to each other. The victim used

to regularly drink at Samrat Garden Hotel and on the evening of

19.08.2025, he was drunk and he collapsed outside the hotel. What

transpired inside the hotel was a verbal altercation between the victim,

Applicant and his other friends which led to a scuffle. The witness

statements prima facie show that both the victim and Applicant

attacked each other in an intoxicated state of mind.


5.        The witness statements further state that Applicant took help

of a stick which was lying in the hotel and inflicted three blows with

the stick on the head, abdomen and leg of the victim, pursuant to

which he collapsed. However, he was conscious and he went outside

the hotel and lay down sleeping outside the hotel. This incident

occurred at 05:30 p.m. in the evening. Later on in the night, when

Applicant and his friends returned back, they found the victim sleeping

in the same position at the same place and when they tried to wake

him up, he was unconscious. They therefore took him immediately to

the local hospital and thereafter shifted him to a bigger hospital in

Pimpri where he was pronounced dead before treatment.


6.        Prima facie, insofar as the motive for the crime is concerned,

there is none. The precursor incident which occurred at 05:30 p.m. in

the evening was an incident which occurred at the spur of the moment



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when there was a quarrel between the victim and Applicant and his

friends on the issue of drinking liquor. When the victim was denied

further liquor, he created a ruckus and squabbled with Applicant and

his friends. The statement of one of the eye witnesses named Tanaji

More prima facie also states that after the precursor incident, he with

the help of others took the victim and made him sit inside the cottage

which was located outside the hotel, when he was fully conscious.


7.        In view of the aforesaid and the fact that the charge-sheet

has been filed, no further custodial interrogation is required to be done

and the trial will take a long time to conclude. On the ground of parity,

I am inclined to consider the case of Applicant for grant of bail.


8.        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 – Vinod Vishwanath More is directed to be

                immediately released from prison in connection with

                F.I.R. No.288 of 2025;


          (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 sureties in the like

                amount;




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(iii) Applicant shall report to the Investigating Officer at

     concerned Police Station, once every month, on the first

     Monday 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;


(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




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                                           (viii)Any breach or infraction of any of the aforesaid

                                                conditions shall entail cancellation of the bail granted to

                                                the Applicant.


                                 9.        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.


                                 10.       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: 2026.10.10
              10:34:09 +0530




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