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Bombay High Court

KUNAL VINOD SAUDEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that bail should be granted to the applicant as the prosecution failed to establish a sufficient nexus to the offence.

Summary

The applicant, Kunal Vinod Saude, aged 21, sought enlargement of bail in a case (C.R. No. 450/2025) concerning the death of a young man on 7 October 2025. The prosecution alleged that the applicant, along with three co‑accused, was involved in offences punishable under Sections 103 and 3(5) of the Bhartiya Nyay Sanhita, 2023 and Section 35 of the Maharashtra Police Act, 1951, relying primarily on CCTV footage and the identification of the applicant by a police constable. The prosecution failed to produce any material linking the other accused to the crime and offered no evidence beyond the CCTV that the applicant was driving the motorcycle. The court found that the prosecution’s case lacked the necessary nexus and that the applicant had made out a prima facie case for bail. Consequently, the court ordered the applicant’s release on bail with a bond of Rs. 20,000 and imposed standard conditions, noting that the order would not prejudice the trial.

Issues considered

  • Whether the evidence placed before the court, primarily CCTV footage and a police constable's identification, is sufficient to deny bail to the accused under Sections 103 and 3(5) of the Bhartiya Nyay Sanhita, 2023 and Section 35 of the Maharashtra Police Act, 1951.
  • Whether the applicant’s right to bail can be curtailed in the absence of a clear nexus between him and the alleged offence.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • evidence
  • CCTV
  • section 103
  • section 3(5)
  • section 35
  • Maharashtra

Judgment

                                                                          15. BA-3142-26.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION


                             BAIL APPLICATION NO. 3142 OF 2026

           Kunal Vinod Saude                                        .. Applicant
                      Versus
           State of Maharashtra                                     .. Respondent
                                      ....................
            Mr. Himanshu S. Gavit, Advocate for Applicant
            Mr. Sukanta A. Karmakar, APP for State
                                          ...................
                                         CORAM : MILIND N. JADHAV, J.
                                         DATE          : AUGUST 18, 2026
           P. C.:

           1.       Heard Mr. Gavit, learned Advocate for Applicant and Mr.

           Karmakar, learned APP for State.


           2.       By this Bail Application, Applicant - accused is seeking

           enlargement on bail in C.R. No. 450/2025 registered with Upnagar

           Police Station for the offences punishable under Sections 103 and

           3(5) of the Bhartiya Nyay Sanhita, 2023 along with Section 35 of the

           Maharashtra Police Act, 1951. Date of the incident is 07.10.2025.


           3.       Present crime indicts 4 accused out of whom accused No. 4 is a

           juvenile. Accused No. 1 is the Applicant before me who is 21 years of

           age.     Case of the prosecution stems from the fact that the first

           informant's son who was used to go on his motorcycle every morning

           at 5.00 a.m. to visit a particular Gurudwara, on the day of fateful

           incident left at 5.00 a.m. but did not return back until 5.40 a.m.

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Complainant and his wife thereafter proceeded to visit the nearby

temple when they were requested by two persons to help the person

who was lying injured on the road. When the complainant and his

wife approached to the said injured person, they found that the said

person was none other than their son. Immediately the injured was

rushed to the hospital but declared dead on arrival.


4.    Prosecution case is based on the fact that there was litigation

between the complainant and accused No. 2 - Dadasaheb Sonawane in

the Civil Court with regard to flat premises in which the complainant

was presently residing and the Civil Suit was pending.        Save and

except this, there is no material placed on record by the prosecution to

show the nexus of accused No. 2 with the crime. Insofar as accused

No. 1 is concerned, prosecution has referred to and relied upon the

statement made by Police Constable, copy of which is appended at

page No. 144 who after seeing the said CCTV footage has identified

the person driving one of the motorcycle as accused No. 1. Insofar as

accused No. 3 is concerned, prosecution has not been able to throw

light on the nexus of accused No. 3 at all. Accused No.2 is shown to

be a pillion rider along with accused No. 1 as identified by the said

Police Constable. The case of the prosecution virtually lacks all such

ingredients to indict the Applicant in the crime. Prosecution case is

entirely based upon the CCTV footage which is procured from the


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nearly bungalow on the road by which the deceased had gone to

Gurudwara in the morning.        Various footages have been obtained

which prima facie show that there were several motorcycles and

scooters which passed on the road between 5.00 a.m. to 5.50 a.m. in

the morning at various points of time.     It is seen that the deceased

victim riding hurriedly on his motorcycle and on a curvature may have

slipped on his motorcycle and met with an accident and thereafter was

lying in an injured stage. Save and except this CCTV footage, there is

no other material placed on record by the prosecution to indict the

Applicant. Applicant has therefore made out a prima facie case for

grant of bail.


5.    In view of the above the following order is passed:-


          (i)    Applicant is directed to be immediately released from

                 prison in connection with C.R. No. 450/2025 ;

          (ii) Applicant is directed to be released on bail on

                 furnishing P.R. Bond of Rs. 20,000/- (Rs. Twenty

                 Thousand only) with one surety of the like amount;

          (iii) Applicant shall report to the Investigating Officer at

                 Upnagar 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

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                                         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

                                         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 with 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.

           6.         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.


           7.         Bail Application is allowed and disposed of in the above

           terms.



Amberkar                                                           [ MILIND N. JADHAV, J. ]
                      Digitally signed
                      by RAVINDRA
           RAVINDRA   MOHAN
           MOHAN      AMBERKAR
           AMBERKAR   Date:
                      2026.08.18
                      20:35:23 +0530




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