Bombay High Court
NITIN VASANT JADHAVversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court granted bail to the applicant subject to specified conditions.
Summary
The High Court considered an application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, filed by Nitin Vasant Jadhav, who is charged with causing a fatal road accident under multiple provisions of the Bharatiya Nyaya Sanhita, 2023 and the Motor Vehicles Act, 1988. The prosecution alleged that the applicant was driving a motorcycle under the influence of alcohol and at high speed, but no medical or other tests were presented to substantiate intoxication. The applicant had been in custody for one and a half months and is employed as a welder, indicating his availability for trial. The court, noting the lack of concrete evidence of intoxication and the applicant's ties to the community, granted bail subject to a cash bond and several conditions, including regular reporting to the police and non‑interference with witnesses. The order expressly limited its observations to bail and did not address the merits of the case, which will be decided at trial.
Issues considered
- Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations of intoxication and fatal accident.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 105, 106(1), 125(a)(m), 125(b), 281, 324(4)
- Motor Vehicles Act, 1988 — s. 184, 185
Subjects
- bail
- criminal procedure
- traffic accident
- intoxication
- Section 483 BNSS
- Motor Vehicles Act
- court discretion
Judgment
28.BA.3400.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3400 OF 2026
Nitin Vasant Jadhav .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Piyush R. Toshnival, Advocate for Applicant.
Ms. Sangeeta E. Phad, APP for Respondent – State.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 09, 2026.
P.C.:
1. Heard Mr. Toshnival, learned Advocate for Applicant and
Ms. Phad, 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.671 of 2026 registered with Shirur Police
Station, District Pune for the offences punishable under Sections 281,
125(a)(m), 125(b), 106(1), 324(4) and 105 of the Bharatiya Nyaya
Sanhita, 2023 (for short ‘BNS’) and Sections 184 and 185 of the Motor
Vehicles Act, 1988.
3. Applicant was indicted in a crime for committing an
accident, ultimately committing a fatal accident where the deceased
lost his life. Case of the prosecution is that Applicant was driving a
1 of 4
28.BA.3400.2026.doc
motorcycle and dashed the deceased from behind who was taking an
evening walk at the side of the road. Prima facie, the prosecution case
states that Applicant was under the influence of liquor, but that has not
been proven despite the investigation having been completed. Neither
the medical test or any other test as required was undertaken by the
prosecution agency to prove intoxication. Neither it is the case of the
prosecution that Applicant was driving his motorcycle at a breakneck
speed causing the accident.
4. Applicant is incarcerated since 20.07.2026 for over a period
of 1 and half months. Applicant is working in Mitsubishi Company as
a welder at Shirur, Pune. Needless to state that availability of Applicant
at the time of trial is assured by the learned Advocate. Considering the
material placed before me, Applicant is released on bail.
5. Hence, in view of above prima facie observations and
findings, Bail Application of Applicant is allowed subject to the
following terms and conditions:-
(i) Applicant – Nitin Vasant Jadhav is directed to be
immediately released from prison in connection with
CR. No.671 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;
2 of 4
28.BA.3400.2026.doc
(iii) Applicant shall report to the Investigating Officer at
Shirur 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;
(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
3 of 4
28.BA.3400.2026.doc
(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
6. 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.
7. 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
20:39:24 +0530
4 of 4
Checking your session…