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Bombay High Court

MAYUR DATTATRAYA NAGAREversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail is granted to the accused on a personal bond with sureties, subject to conditions, as the evidence is circumstantial and there is no indication of flight risk or prior criminal record.

Summary

The applicant, Mayur Dattatraya Nagare, was charged with murder under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, for allegedly strangling a woman with whom he had an extra‑marital affair. The prosecution’s case relied solely on circumstantial evidence, and the accused had been in custody for over a year without any prior criminal record. The defence argued that the lack of direct evidence and the delay in trial warranted bail, while the prosecution feared the accused might abscond or tamper with witnesses. The Court examined the nature of the evidence, the length of pre‑trial detention, and the applicant’s clean antecedents, and concluded that bail could be granted with appropriate safeguards. Accordingly, the Court ordered the applicant’s release on a Rs 30,000 personal bond with sureties, subject to conditions of attending the police station, not tampering with evidence, and not influencing witnesses.

Issues considered

  • Whether bail should be granted in a murder case under Section 103(1) of the Bharatiya Nyaya Sanhita when the prosecution’s case is based only on circumstantial evidence and the accused has been in custody for more than a year.
  • Whether the risk of the accused absconding or influencing witnesses justifies denial of bail.

Legislation cited

Subjects

  • bail
  • murder
  • circumstantial evidence
  • Section 103(1) BNS Act
  • pre‑trial detention
  • witness tampering
  • criminal procedure

Judgment

                                                                                   27-BA-2696-2025 (CR).doc


                             S.S.Kilaje


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION
                                                 BAIL APPLICATION NO. 2696 OF 2025

                             Mayur Dattatraya Nagare                                  ….Applicant

                             VERSUS

                             State Of Maharashtra                              …..Respondent
                             _________________________________________________________________
                             Mr. Sanjay P. Shinde a/w. Mr. Prathmesh T. Bhanumansh, Advocates for
                             the Applicant.
SONALI by
          Digitally signed
          SONALI
       SATISH KILAJE
                             Ms. Mahalaxmi Ganpathy, APP for Respondent-State.
SATISH Date:
       2026.02.05
KILAJE 10:22:49
       +0700
                             _________________________________________________________________

                                                                   CORAM      :   SHIVKUMAR DIGE, J.
                                                                   DATE       :   2nd FEBRUARY, 2026.
                             P.C. :



                             1.            By this application, the applicant is seeking regular bail in

                             C.R.No. 260 of 2024 registered with Indira Nagar Police Station, Nashik,

                             for the offences punishable under Section 103(1) of Bharatiya Nyaya

                             Sanhita, 2023 (for short “BNS Act”).

                             2.            It is prosecution’s case that on 29.08.2024, the applicant

                             murdered the deceased by strangulating her.          It is alleged that the

                             applicant had extra marital affair with the deceased.

                             3.            It is contention of learned counsel for the applicant that the

                             prosecution’s case is based on circumstantial evidence.      The applicant is

                             behind bars for more than one year. There is no progress in the trial. The



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S.S.Kilaje


applicant has no antecedents. There is no recovery at the instance of the

applicant.    It may take time to conclude the trial and requested to allow

the application.

4.           It is contention of learned APP that the applicant was last seen

with the deceased. There are eye witnesses who had last seen him with

the deceased. The applicant had extra marital affair with the deceased. If

the applicant is released on bail, he may abscond or threaten prosecution

witnesses. Hence, requested to reject the application.

5.           I have heard both the learned counsel. Perused chargesheet

and documents produced on record. The prosecution’s case is based on

circumstantial evidence.     There is no recovery at the instance of the

applicant. To prove the offence against the applicant, evidence is required.

The applicant has no antecedents. The applicant is behind bars for around

one year. Considering these facts, I pass following order.

                                      ORDER

                i.    The applicant be enlarged on bail inC.R.No. 260 of

                      2024 registered with Indira Nagar Police Station,

                      Nashik, on executing P.R.Bond of Rs. 30,000/- on

                      furnishing one or two sureties in the like amount.

                ii.   The applicant shall attend the concerned police station

                      as and when required.


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S.S.Kilaje


                 iii.   The applicant shall not tamper with the evidence or

                        attempt to influence or contact the complainant,

                        witnesses or any person concerned with the case.

6.           The application is allowed in the aforesaid terms and is

accordingly disposed of. All pending applications, if any, disposed of.

7.           It is made clear that the above observations are made only for

the purpose of granting bail and the Trial Court shall decide the case on its

own merits in accordance with law and uninfluenced by the observations

made in this order.

8.           All concerned to act on the authenticated copy of this order.




                                                  (SHIVKUMAR DIGE, J.)




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