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Bombay High Court

RAHUL @BHAVDYA MACHINDRA JADHAVversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail is granted to the applicant subject to specified conditions.

Summary

The applicant, Rahul Jadhav, was accused of striking his elder brother with the butt of an axe, leading to charges under IPC sections 307, 324, 504 and 506. He had been in custody for over three years and seven months without charges being framed. The applicant sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, arguing that the injury was simple and the prolonged pre‑trial detention was excessive. The court noted the seriousness of the offences but gave weight to the length of incarceration and the lack of trial progress. Consequently, the court granted bail on a cash bond of Rs. 25,000 with several reporting and conduct conditions. The bail order was issued with the stipulation that any breach would lead to cancellation.

Issues considered

  • Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the offences (IPC 307, 324, 504, 506) and the prolonged pre‑trial detention.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • IPC 307
  • IPC 324
  • IPC 504
  • IPC 506
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal law
  • Maharashtra
  • High Court of Bombay

Judgment

                                                                      3. BA-3457-26.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION


                             BAIL APPLICATION NO. 3457 OF 2026

           Rahul @ Bhavdya Machindra Jadhav              .. Applicant
                      Versus
           The State of Maharashtra                      .. Respondent
                                    ....................
            Mr. Naagesh S. Khedkar a/w Mr. Nagesh Diwate, Advocates for
             Applicant
            Ms. Sangeeta E. Phad, APP for State
                                          ...................
                                         CORAM : MILIND N. JADHAV, J.
                                         DATE          : SEPTEMBER 16, 2026
           P. C.:

           1.       Heard Mr. Khedkar, learned Advocate for Applicant and Ms.

           Phad, learned APP for State.


           2.       This is an Application under Section 483 of Bharatiya Nagarik

           Suraksha Sanhita, 2023 seeking Bail in connection with FIR bearing

           C.R. No. I-81 of 2023 registered with Bhigwan Police Station, Pune for

           the offences punishable under Sections 307, 324, 504 and 506 of

           Indian Penal Code, 1860 (for short "IPC").


           3.       Applicant is the sole accused in the present crime for having

           inflicted a blow with the butt of the axe on his elder brother.

           The incident in question occurred on 03.03.2023 when, in a state of

           rage, the Applicant confronted his elder brother in elder brother's own

           house and when he came out of the house, they had a verbal


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altercation on the basis of an alleged demand, as has been stated in

the FIR.


4.    The statement of the first informant - brother recorded at page

47 prima facie shows that the axe was, in fact, lying in one corner of

the house, which, in a fit of rage, was used by the Applicant in

inflicting the blow with its butt. In so far as the complicity as also the

motive of the crime is concerned, there can be various facets and

contours thereto, especially in view of the fact that the Advocate for

the Applicant has informed the Court that the Applicant's wife had

demised and in a proceeding under Section 306, the family members

of the Applicant, namely, the first informant - victim brother, were also

indicted. Be that as it may, complicity of the Applicant in the crime

qua the motive of the crime, can be proved at trial.

5.    Applicant has undergone incarceration for more than 3 years

and 7 months. It is prima facie seen that the nature of the injury is

simple as per the injury certificate. Till today, charges are not framed

and, in all probability, considering the time that will take to complete

the trial, it would be a humongous period. In that view, considering

the ground of long incarceration also, I am inclined to release the

Applicant on bail.     Hence, Applicant is released on bail on the

following terms and conditions:-




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(i)   Applicant is directed to be immediately released from

      prison in connection with C.R. No. I-81 of 2023;

(ii) Applicant is directed to be released on bail on

      furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five

      only) with one or two sureties in the like amount;

(iii) Applicant shall report to the Investigating Officer at

      Bhigwan Police Station, Pune once every month on the

      first Sunday of the month between 10:00 a.m. to 12:00

      p.m.;

(iv) Applicant shall not enter the jurisdiction of Baramati

      Taluka except for attending the Police Station and

      attending the trial;

(v) 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;

(vi) Applicant shall not leave the State of Maharashtra

      without prior permission of the Trial Court;

(vii) Applicant shall not influence any of the witnesses or

      tamper with the evidence in any manner;

(viii)Applicant shall keep the Investigating Officer informed


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                                         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

                                   (ix) Any infraction of the conditions shall entail cancellation

                                         of bail granted to the Applicant.

           6.           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.


           7.           Bail Application is allowed and disposed of in the above terms.



Amberkar                                                        [ MILIND N. JADHAV, J. ]

                      Digitally signed
                      by RAVINDRA
           RAVINDRA MOHAN
                    AMBERKAR
           MOHAN    Date:
           AMBERKAR 2026.09.16
                      20:12:59
                      +0530




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