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Bombay High Court

DNYANESHWAR @ ROHIT BAJRANG SAKATversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail is granted to the applicant with specified conditions.

Summary

The Bombay High Court considered a bail application filed under Section 439 of the Code of Criminal Procedure, 1973 and Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Dnyaneshwar @ Rohit Bajrang Sakat, accused No.3 in a murder case (CR No. 425/2024). The FIR alleged that the accused, along with two others, assaulted the victim during a quarrel and threw him from a hill into a stone quarry, causing death, with the applicant alleged to have immobilised the victim by holding his legs. The applicant had been in custody for almost two years and argued that his role was no different from the other accused, citing the grant of bail to accused No.2 as precedent. The court examined the seriousness of the offence, the length of pre‑trial detention, and the applicant’s right to bail, and concluded that bail could be granted with strict conditions. Accordingly, the court ordered the applicant’s immediate release on a personal bond of Rs. 25,000 with sureties and imposed conditions such as monthly reporting, non‑interference with witnesses, and staying within Maharashtra.

Issues considered

  • Whether bail should be granted to accused No.3 under Section 439 CrPC/Section 483 B.N.S. given the nature of the offence and length of pre‑trial detention
  • Whether the applicant’s alleged role justifies denial of bail

Legislation cited

Subjects

  • bail
  • Section 439 CrPC
  • Section 483 B.N.S.
  • murder
  • pre‑trial detention
  • conditions of bail
  • criminal procedure

Judgment

                                                                      16. BA 3438-26.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION


                             BAIL APPLICATION NO. 3438 OF 2026

           Dnyaneshwar @ Rohit Bajrang Sakat              .. Applicant
                      Versus
           The State of Maharashtra                       .. Respondent
                                     ....................
            Mr. Vipul V. Dushing a/w Mr. Tanmay T. Kate & Mr. Ashraf Kazi,
             Advocates for Applicant
            Ms. Sangeeta E. Phad, APP for State
                                          ...................
                                         CORAM : MILIND N. JADHAV, J.
                                         DATE          : SEPTEMBER 9, 2026
           P. C.:

           1.       Heard Mr. Dushing, leraned Advocate for Applicant and Ms.

           Phad, learned APP for State.


           2.       This is an Application filed under Section 439 of the Code of

           Criminal Procedure, 1973 / 483 of Bharatiya Nagarik Suraksha

           Sanhita, 2023 seeking Bail in connection with C.R. No. 425/2024

           registered with Dehu Road Police Station for the offence punishable

           under Sections 103(1) read with 3(5) of the Bharatiya Nyaya Sanhita,

           2023 (for short "BNS").


           3.       The Applicant is arraigned as accused No. 3 in the present

           crime. The reading of the FIR and the material placed on record prima

           facie shows that the role of the Applicant is no different than the other

           two accused persons.


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4.    Case of the prosecution is that the the accused persons and the

victim were known to each other and were having a celebration,

where certain dispute amongst them led to a quarrel. That quarrel

escalated to such an extent that all the accused persons caught hold of

the victim and throttled his neck into submission.


5.    Insofar as the role of the present Applicant before me is

concerned, the prosecution's theory is that he had caught hold of the

legs of the victim and immobilized him completely. Thereafter, when

the victim fell unconscious, the Applicant along with both the other co

- accused persons threw him down from the hill into an open stone

quarry which ultimately caused his death.


6.    Mr. Dushing would persuade me to consider the order of grant

of bail to accused No. 2 which is appended at page Nos. 251-252 of

the Application.


7.    Considering the role of the present applicant and the fact that

he has been in custody for for almost two years, Applicant has made

out a case for grant of bail. Bail Application is allowed with following

conditions:-:-


          (i)    Applicant is directed to be immediately released from

                 prison in connection with C.R. No. 425 of 2024;

          (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 sureties in the like

     amount;

(iii) Applicant shall report to the Investigating Officer at

     Dehu Road 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

     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 cancellation

     of bail granted to the Applicant.


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           8.         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.


           9.         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:
                      2026.09.10
                      12:35:31
                      +0530




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