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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

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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