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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 103(3), 3(5)
- Maharashtra Police Act, 1951 — s. 135, 37(1)(3)
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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