Bombay High Court
NITIN RAJENDRA KUSEKARversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to specified conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Nitin Rajendra Kusekar, who was arrested for assault causing grievous hurt under Section 307 of the IPC. The incident arose from a verbal altercation at a paan shop, with the complainant alleging extortion and political rivalry. The applicant had been in custody for over a year and had no prior serious criminal record. The court observed that the assault appeared spontaneous, with no evidence of premeditation or conspiracy, and noted the applicant's role as the sole breadwinner for his minor children. Consequently, the court granted bail subject to a personal bond of Rs.25,000 and several conditions, while expressly stating that the order was limited to bail and not a determination on the merits of the case.
Issues considered
- Whether bail should be granted under Section 483 BNSS for offences including assault, extortion, and other serious charges.
- Whether the length of pre‑trial detention and the nature of the alleged offences justify continued custody.
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 308(4), 3(5), 351(2)(3), 352
- Indian Penal Code, 1860 — s. 307
Subjects
- bail
- criminal procedure
- Section 483 BNSS
- assault
- extortion
- political rivalry
- pre‑trial detention
- bail conditions
Judgment
25.BA.3332.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3332 OF 2026
Nitin Rajendra Kusekar .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Vipul V. Dushing a/w. Mr. Tanmay T. Kate, Mr. Ashraf Kazi and
Mr. Swapnil Kshirsagar, Advocates for Applicant.
Ms. Shilpa G. Talhar, APP for Respondent – State.
PSI – Mr. Pandit S. Manjare, Shikrapur Police Station, Pune Rural
present.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 09, 2026.
P.C.:
1. Heard Mr. Dushing, learned Advocate for Applicant and Ms.
Talhar, learned APP for Respondent – State.
2. This is an Application under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking regular bail
in connection with C.R.No.282 of 2025 registered with Shikrapur
Police Station, District Pune for the offences punishable under Sections
109(1), 308(4), 118(1), 115(2), 351(2)(3), 352 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).
3. Applicant has been arrested on 25.04.2025 in a crime for
causing grievous hurt, rather under Section 307 of the IPC. The
incident in question occurred at a ‘paan shop’ which the Applicant and
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other co-accused persons had visited for consuming masala paan and
when the paan shop owner asked them to make payment, Applicant
and the other co-accused persons verbally abused and assaulted him.
4. Case of the Complainant is that the Applicant had also
sought extortion of amounts. Applicant's wife is an elected
representative of the Gram Panchayat and there is prima facie political
rivalry between the parties which is prima facie evident from the
material placed on record.
5. The Complainant being assaulted was treated in OPD and
thereafter discharged which is prima facie seen from the material on
record. Applicant is a travel agent and has only one antecedent of the
year 2018, but according to Mr. Dushing, he has moved on in life and
now runs a travel business and provides school buses on hire.
6. Learned Advocate Mr. Dushing would persuade the Court to
consider the case of the Applicant that Applicant is the sole provider of
livelihood for his family, considering his two young minor daughters
and their well being and education.
7. Considering the aforesaid facts and the fact that Applicant
has been incarcerated for the past more than 1 year 5 months, in the
facts of the present case where prima facie for commission of the
assault, no premeditation or conspiracy can be seen and the said
incident having occurred on the spur of the moment in view of the
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verbal altercation between the paan shop owner and Applicant, I am
inclined to consider the request for bail and allow the Bail Application.
8. Hence, in view of above prima facie observations and
finding, Bail Application of Applicant is allowed subject to the
following terms and conditions:-
(i) Applicant – Nitin Rajendra Kusekar is directed to be
immediately released from prison in connection with
CR. No.282 of 2025;
(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
Shikrapur Police Station, once every month, on the first
Monday 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;
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(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 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
(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
9. 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.
10. 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: 2026.09.09
20:39:15 +0530
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