Bombay High Court
SANDIP CHHAGAN HOLEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant with conditions under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The applicant, Sandip Chhagan Hole, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a criminal case (CR No. 0266 of 2026) involving offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including attempt to murder. The incident arose from a communal quarrel at a police station, captured on CCTV, where the applicant allegedly struck persons with his fists. The prosecution alleged his participation in an assault with a motive of murder, among nine accused. The High Court examined whether the applicant’s role and the seriousness of the offences warranted denial of bail. Finding that the applicant had not been shown a distinct role beyond the alleged fist blows and that bail could be conditioned, the Court granted bail with a cash bond and multiple reporting and non‑interference conditions. The bail order was issued, and the application was disposed.
Issues considered
- What is the applicability of Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for granting bail in offences punishable under the Bharatiya Nyaya Sanhita, 2023?
- Whether the applicant's alleged participation in the assault justifies denial of bail given the seriousness of the charges?
- Whether imposing specific conditions on bail is appropriate in this case?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 189(2), 189(4), 190, 191(2), 191(3), 192(a)
Subjects
- bail
- criminal procedure
- attempt to murder
- communal violence
- conditions of bail
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
Judgment
16. BA-3520-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3520 OF 2026
Sandip Chhagan Hole .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Prashant Sushant Hagare, Advocate for Applicant
Mr. Amit A. Palkar, APP for State
Mr. Vinayak Prakash S., Asst. Police Inspector, Daund Police Station,
Pune
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 21, 2026
P. C.:
1. Heard Mr. Hagare, learned Advocate for Applicant and Mr.
Palkar, learned APP for State.
2. This is an Application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 0266
of 2026 registered with Daund Police Station, Taluka Daund, Dist.
Pune for offences punishable under Sections 109(1), 189(2), 189(4),
190, 191(2), 191(3) and 192(a) of the Bharatiya Nyaya Sanhita, 2023.
3. The incident in question occurred between two parties in view
of a quarrel between two communities due to the marriage between
accused No. 2 and a cousin sister of the first informant. Both the
families were before the police in the police station premises when the
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incident occurred under the surveillance of the CCTV cameras of the
police station itself. The verbal altercation which escalated was
attempted to be subsided by the police authorities themselves, but
then it so happened that the issue escalated and an assault took place.
4. Insofar as the specific role attributed to the Applicant before me
is concerned, it is seen from the record that he has used fists blows to
inflict blows on the persons of the other side. The case of the
prosecution is with regard to causing attempt to murder. There are
total 9 accused persons involved in the present crime. No specific role
except above has been attributed to the present Applicant before me.
Since the motive of the crime is very clear and considering the role of
the Applicant described by the prosecution, Applicant has made out a
case for grant of bail. Hence, Applicant is released on bail on the
following and conditions:-
(i) Applicant is directed to be immediately released from
prison in connection with C.R. No. 0266 of 2026;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen
Thousand only) with one or two sureties in the like
amount;
(iii) Applicant shall report to the Investigating Officer at
Daund Police Station, once every month on the first
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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.
5. 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.
6. 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:
2026.09.22
11:55:48 +0530
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