Bombay High Court
MAYUR DATTATRAYA NAGAREversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1)
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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27-BA-2696-2025 (CR).doc
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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27-BA-2696-2025 (CR).doc
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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