Bombay High Court
GOKUL NANA KOKAREversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the accused with conditions.
Summary
The Bombay High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Gokul Nana Kokare, accused No.2 in a case of alleged homicide under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that Kokare, a friend of the victim Mahesh Sathe and of Accused No.1 Akshay Sathe, was present when a car driven by Akash Sathe collided with the victim's motorcycle, causing death. The sole evidence against Kokare was a witness statement noting his presence and that he called the victim to stop, but no direct or circumstantial proof of his participation or mens rea was presented. The judge observed the lack of specific incriminating evidence and the absence of enmity between Kokare and the victim. Consequently, the court granted bail with a set of conditions, emphasizing that the order was limited to bail and not a determination on the merits of the case.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the evidentiary material presented.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- Section 483
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- evidence
- mens rea
- Maharashtra
Judgment
15.BA.3416.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3416 OF 2026
Gokul Nana Kokare .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Priyal Sarda a/w. Mr. Shubham Sudam Sane, Advocates for
Applicant.
Ms. Gauri S. Rao, APP for Respondent – State.
GPSI – Mase, Urlikanchan Police Station.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 08, 2026
P.C.:
1. Heard Mr. Sarda, learned Advocate for Applicant and Ms.
Rao, learned APP for Respondent – State.
2. This is an Application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.
No.51 of 2026 registered with Uruli Kanchan Police Station for
offences punishable under Sections 103(1) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. The Applicant is indicted as Accused No.2 in the present
crime. He is 23 years old young offender. Case of the prosecution qua
the Applicant in question emanates from a witness statement recorded
two days later on 04.03.2026 of a person who had seen the Applicant
go alongwith Accused No.1 behind the victim.
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4. The victim was on his motorcycle whereas both the Accused
persons followed him in their car. Another person of the Sathe family,
namely brother of Accused No.1 Akash Sathe followed the car on his
motorcycle. The witness statement at page No.144 which names the
Applicant infact, primarily gives the details of the dispute between the
Sathe family members. A vivid description of the dispute with regard
to the persons of the Sathe family has been given by the concerned
witness. One company called S.S. Agro entered the village and was
considering taking over the lands because of which there was a dispute
amongst the members of the Sathe family. The names of all Sathe
family members are also stated in the statement. The said statement
also hinges upon the fact that there was a quarrel with regard to the
land belonging to the Sathe family qua the said Company. Some
members of the Sathe family indirectly without informing the other
members met the officials of the S.S. Agro Company which led to a
dispute between them. The dispute was prominently between the
Dashrath branch of the Sathe family whose sons are Akshay, Akash,
and Abhishek.
5. In so far as the precise role attributable to the present
Applicant Gokul Kokare is concerned, it is seen from the witness
statement that present Applicant was a friend of Akshay Sathe
(Accused No.1) as also the deceased victim. It is seen that he infact
called upon the deceased victim – Mahesh Sathe when he went past
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through them on his motorcyle when they were standing on the road.
Had there been any mens rea, the present Applicant would not have
called upon Mahesh Sathe to stop and talk to him / them. After he
passed, the i20-car which belonged to Akash Sathe was driven by him
alongwith and the present Applicant was asked to join him in the car.
Only to this extent, case of the prosecution indicts the role of the
present Applicant.
6. According to the prosecution case, the car thereafter collided
with the motorcycle driven by the victim from behind, leading to the
death of the victim. There is no circumstantial evidence with regard to
the specific role and the crime having taken place to the extent of the
role of the Applicant which is brought to the fore by the documents
and the statements recorded in the present Application since there is
no direct enmity even otherwise according to the prosecution witnesses
qua the Applicant and the deceased victim who infact belonged to the
Sathe family. Hence I am inclined to consider the present Application
for grant of bail. The Application for bail is allowed on following
terms:-
(i) Applicant is directed to be immediately released
from prison in connection with Crime No. 51 of
2026;
(ii) Applicant is directed to be released on bail on
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furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty
Five Thousand only) with one or two surety /
sureties of the like amount;
(iii) Applicant shall report to the Investigating Officer
at the concerned Police Station, once every month
on the first Monday 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 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
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cancellation of bail granted to the Applicant.
7. 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.
8. Bail Application is allowed and disposed of in the above
terms.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
HARSHADA Digitally
HARSHADA
signed by
HANUMANT HANUMANT SAWANT
Date: 2026.09.09
SAWANT 13:00:40 +0530
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