Bombay High Court
SHIVAJI RAGHUNATH UGALEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to specified conditions.
Summary
The applicant, Shivaji Raghunath Ugale, was arrested for assaulting a victim during a quarrel over agricultural work that allegedly threatened his family's livelihood. The incident resulted in two blows causing injuries that a private hospital classified as grievous, while a government hospital did not. The applicant, aged 64, had been in custody for about eight months. The court examined whether bail could be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the lack of premeditation, the nature of the offences, and the time already served. Finding no pre‑meditated intent or weapon use, the judge ordered bail with a cash bond and several reporting and non‑interference conditions, while reserving the right to cancel bail for any breach. The order expressly limited its observations to bail and did not address the merits of the criminal charges.
Issues considered
- Whether bail should be granted under Section 483 BNSS, 2023 for offences under the Bharatiya Nyaya Sanhita, 2023 listed in the FIR.
- Whether the nature and severity of the alleged assault, including the disputed grievous injury, preclude bail.
- Whether the applicant's age, length of pre‑trial detention, and lack of premeditation justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 189(2), 189(4), 190, 191(2), 191(3), 351(2), 351(3), 352
Subjects
- bail
- criminal procedure
- assault
- grievous hurt
- premeditation
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- Section 483
- conditions of bail
Judgment
69.BA.2944.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2944 OF 2026
Shivaji Raghunath Ugale .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Arpit Mutha, Advocate for Applicant.
Mr. Yogesh M. Nakhwa, APP for Respondent – State.
......…........…
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 30, 2026.
P.C.:
1. Heard Mr. Mutha, learned Advocate for Applicant and Mr.
Nakhwa, 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.16 of 2026 registered with Vani Police Station,
District Nashik for offences punishable under Sections 189(2), 189(4),
190, 191(2), 191(3), 109(1), 351(2), 351(3) and 352 of the Bharatiya
Nyaya Sanhita, 2023 (for short ‘BNS’). The First Information Report is
filed on 28.01.2026 and Applicant came to be arrested on 29.01.2026.
3. Applicant is arrested on 29.01.2026 in the present crime.
The family of Applicant was incensed and upset in regard to the work
which was undertaken by the injured victim and his family members in
the agricultural field which probably appears to have affected their
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livelihood. Hence, in order to reason with the Complainant, the injured
victim and his family members, rather the entire family of the
Applicant proceeded to the agricultural field and had a quarrel.
However, the verbal altercation that ensued there escalated into a
physical altercation during which the Applicant inflicted two blows
upon the injured victim thereby causing him grievous injuries. The
certificate issued by the private medical hospital records the injury as
grievous whereas the Government Hospital has opined that the injury
is not grievous.
4. Be that as it may, the statements which are recorded prima
facie show the motive of the crime to be the agricultural work
undertaken in the field by the Complainant's family which deprived
livelihood to Applicant's family. Applicant is 64 years old. The witness
statements prima facie show the extent of the verbal altercation having
taken place before the actual incident in question.
5. Applicant has already been incarcerated for almost 8 months.
Considering the fact that there was no premeditated intention or
motive to commit the crime with a weapon and the escalation of the
verbal altercation into the fight, I am inclined to consider Applicant's
case for grant of bail.
6. Hence, in view of above prima facie observations and
findings, Bail Application of Applicant is allowed subject to the
following terms and conditions:-
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69.BA.2944.2026.doc
(i) Applicant – Shivaji Raghunath Ugale is directed to be
immediately released from prison in connection with
CR. No.16 of 2026;
(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;
(iii) Applicant shall report to the Investigating Officer at
Vani 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;
(vi) Applicant shall not enter the territorial jurisdiction of
Vani Police Station till the conclusion of trial except
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attending the Court hearing;
(vii) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(viii)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
(ix) Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
7. 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.
8. 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: 2026.09.30
17:57:14 +0530
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