Bombay High Court
SHIVMANGAL KALYAN SINGHversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail was granted as the prosecution failed to demonstrate a prima facie case establishing the applicant's involvement in the alleged murder.
Summary
The Bombay High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning an alleged murder charge under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The applicant, a young offender, was implicated solely on circumstantial evidence and his proximity to the co‑accused, with no direct proof of his involvement presented by the prosecution. The court observed that the prosecution had not established a nexus between the applicant and the crime, and that any complicity must be proved at trial. Consequently, the court granted bail, imposing a cash bond of Rs. 15,000 and several reporting and conduct conditions. The bail order was issued with the stipulation that any breach could lead to revocation, and the application was disposed of accordingly.
Issues considered
- Whether the prosecution has established a prima facie case linking the applicant to the murder charge sufficient to deny bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether bail should be granted despite the presence of circumstantial evidence and the applicant's alleged association with co‑accused persons.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)
Subjects
- bail
- circumstantial evidence
- murder
- Section 483
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- criminal procedure
- conditions of bail
Judgment
60. BA-3031-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3031 OF 2026
Shivmangal Kalyan Singh .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Vivek Arote a/w Mr. Akshay Dingale, Advocates for Applicant
Ms. Rajeshree V. Newton, APP for State
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 29, 2026
P. C.:
1. Heard Mr. Arote, learned Advocate for Applicant and Ms.
Newton, learned APP for State.
2. This is an Application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 seeking Bail in connection with FIR bearing
C.R. No. I-421/2024 dated 08.10.2024 registered with Sangavi Police
Station, Dist. Pune for the offences punishable under Sections 103(1),
238 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Applicant is a young offender. His involvement is based upon
circumstantial evidence where the body of the victim was found on the
roadside by a citizen and informed to the police authorities. According
to the prosecution case, Applicant and co-accused persons were all
residing together and possibly due to some arguments and quarrel
between them, it is alleged by the prosecution that the Applicant may
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60. BA-3031-26.odt
have committed the murder of the deceased. The proximity of the
Applicant to the accused being his friend is the only reason as to why
the Applicant has been implicated. At the threshold for grant of bail,
there is nothing placed on record by the prosecution to persuade me to
accept the nexus of the Applicant to the crime in question. Complicity
of the Applicant, if any, shall be proved by the prosecution at the time
of trial. Hence, the applicant is released on bail on the following terms
and conditions:-
(i) Applicant is directed to be immediately released on bail
from prison in connection with C.R. No. I-421/2024;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen
Thousand only) with one or two sureties in the like
amount;
(iii) Applicant shall report to the Investigating Officer at
Sangavi Police Station, once every month on the first
Sunday of the month between 10:00 a.m. to 12:00
p.m.;
(iv) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically
exempted and will not take any unnecessary
adjournments, if he does so it will entitle the
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prosecution to apply for revocation of this order;
(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 address and mobile contact number and /
or change of residence or mobile details, if any, from
time to time, as applicable; and
(viii)Any infraction of the conditions shall entail cancellation
of bail granted to the Applicant.
4. Needless to state that the above observations will not come in
the way of trial as they are prima facie in nature based on the
submissions made and the material placed before this Court.
5. Bail Application is allowed and disposed of in the above terms.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
AMBERKAR
MOHAN Date:
AMBERKAR 2026.09.29
20:19:21
+0530
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