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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
- Code of Criminal Procedure, 1973 — s. 439
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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