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Bombay High Court

PRATAP @PRATAPSING DAINGADEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail is granted to the applicant subject to specified conditions.

Summary

The High Court considered an application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, filed by Pratap @ Pratapsinh Bharatrao Daingade, who had been incarcerated for over nine months for a motor‑vehicle accident that resulted in the death of a valet. He was charged under Sections 105, 281 and 125(b) of the Bharatiya Nyaya Sanhita, 2023 and Sections 184, 185, 119 read with 177 of the Motor Vehicles Act, 1988. The court observed that there was no evidence of mens rea, premeditation or motive, and noted the applicant’s humanitarian circumstances as a single father and caretaker of a cancer‑afflicted mother. The prosecution’s investigation was complete and no further custodial interrogation was required. Accordingly, the court granted bail with a cash bond of Rs.15,000 and a set of strict conditions, while expressly reserving the right to cancel bail for any breach.

Issues considered

  • Whether bail should be granted to the accused under Section 483 of the BNSS given the nature of the offences and the circumstances of the accused
  • Whether the absence of mens rea and the applicant’s personal circumstances justify bail despite the seriousness of the charges

Legislation cited

Subjects

  • bail
  • criminal procedure
  • motor vehicle accident
  • culpable homicide
  • negligence
  • Section 483
  • BNSS
  • BNS
  • Maharashtra

Judgment

                                                               48.BA.3560.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION

                       BAIL APPLICATION NO. 3560 OF 2026

       Pratap @ Pratpsing Bharatrao Daingade              .. Applicant
             Versus
       State of Maharashtra                               .. Respondent

                                 ....................
        Mr. Rahul Thakur, Advocate for Applicant.
        Ms. Sangeeta E. Phad, APP for Respondent – State.
                                    ......…...........

                                   CORAM : MILIND N. JADHAV, J.
                                   DATE         : SEPTEMBER 21, 2026.

       P.C.:

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

       Phad, learned APP for Respondent – State.


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

       Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking regular bail

       in connection with C.R.No.815 of 2025 registered with Yerwada Police

       Station, District Pune for the offences punishable under Sections 105,

       281 and 125(b) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’)

       and Sections 184, 185 and 119 read with Section 177 of the Motor

       Vehicles Act, 1988.


       3.        Applicant is arraigned as accused in the aforesaid crime. He

       is incarcerated in prison for the past more than 9 months having been

       arrested on 30.11.2025. Case of the prosecution is that Applicant is


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involved in a motor car accident and after he came out from the hotel,

he started his car, but as he was driving out of the hotel premises while

driving out, he hit the valet table and the valet who was working

behind the counter sustained injuries to which he succumbed later.

Crime was registered with the police station. Applicant was arrested on

the same day.


4.        Prima facie, it is seen that there is no mens rea or any

premeditated notion or motive for committing the crime in question.

As such, there was no intention to cause the said accident. Applicant is

a single father of a young girl and his mother is a cancer patient. The

aforesaid facts have been duly corroborated and confirmed by the

prosecution. The statement of the mother of the Applicant dated

18.09.2026 is placed before me. Applicant is the sole surviving person

to take care of the treatment of his mother as also his young daughter

and is their only source of livelihood. Investigation has been

completed. No further custodial interrogation of Applicant is required

nor is continuous incarceration in jail required.       In view of the

aforesaid submissions recorded which are duly corroborated on record,

Applicant has made out a case for grant of bail.


5.        Hence, in view of above prima facie observations and

findings, Bail Application of Applicant is allowed subject to the

following terms and conditions:-



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(i)   Applicant – Pratap @ Pratapsinh Bharatrao Daingade is

      directed to be immediately released from prison in

      connection with CR. No.815 of 2025;


(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

      Yerwada 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 cooperate with the conduct of the trial

      and remain present before the Trial Court on all dates,

      unless specifically exempted. Applicant shall not seek

      unnecessary adjournments. Any such conduct shall

      entitle the prosecution to apply for cancellation of bail;


(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;




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                                              (vii) Applicant shall keep the Investigating Officer informed

                                                   of his current residential address and mobile telephone

                                                   number and shall forthwith inform the Investigating

                                                   Officer of any change in his residential address or

                                                   mobile telephone number, as and when such change

                                                   occurs; and


                                              (viii)Any breach or infraction of any of the aforesaid

                                                   conditions shall entail cancellation of the bail granted to

                                                   the Applicant.


                                    6.        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.


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




                                                                               [ MILIND N. JADHAV, J. ]

         Ajay
              Digitally signed by
AJAY       AJAY TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date: 2026.09.21
              15:37:56 +0530




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