Bombay High Court
SABARINATH VINU K. V.versusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to the conditions specified in the order.
Summary
The applicant, Sabarinath Vinu K. U., a 24‑year‑old, was arrested along with twelve co‑accused for alleged possession of weapons and chili powder, charged under Sections 310(4) & 310(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 & 5 of the Arms Act. He filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court observed that the applicant is a young offender, has no prior criminal record and no specific role was attributed to him in the alleged offence. Relying on these prima facie observations, the Court granted bail on a personal bond of Rs.15,000 with one surety of the same amount, subject to detailed reporting, residence, and non‑interference conditions. The order expressly limited its observations to bail and made no finding on the merits of the case. Consequently, the bail application was allowed and disposed.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the BNSS given the nature of the offences under the BNS and Arms Act.
- Whether the applicant's age, lack of prior criminal antecedents and absence of a specific role justify the grant of bail.
Legislation cited
- Arms Act — s. 4, 5
- Bharatiya Nyaya Sanhita, 2023 — s. 310(4), 310(5)
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 483
Subjects
- bail
- criminal procedure
- BNSS
- BNS
- Arms Act
- young offender
- prima facie
Judgment
8. BA 3572-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3572 OF 2026
Sabarinath Vinu K. U. .Applicant
Vs.
The State of Maharashtra .Respondents
Digitally
signed by
Mr. Mahesh Pawar, Advocate, for the Applicant
ANAND
ANAND SUDHAKAR
SUDHAKAR SUDAME
Ms. R. V. Newton, APP, for the Respondent – State
SUDAME Date:
2026.09.23
20:21:00
+0530
CORAM : MILIND N. JADHAV, J.
DATE : 23.09.2026
P. C.
1. Heard Mr. Pawar, learned Counsel for the Applicant and Ms.
Newton, learned APP for the Respondent – State.
2. This Application is filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with
C.R.No.110 of 2026 registered with Sinnar Police Station, Nashik for
offences punishable under Sections 310(4) & 310(5) of the Bharatiya
Nyaya Sanhita, 2023 (for short “BNS”) and under Sections 4 & 5 of the
Arms Act.
3. The Applicant is incarcerated in jail on account of he having
been apprehended and arrested with 12 other co-accused persons. The
Accused persons are all young offenders. It is prima facie seen from
Anand 1 of 4
8. BA 3572-2026.doc
their ages. The Applicant is 24 years old. Recovery is made of Sword,
Sickle, Knife, Hammer, Rod, Screw Driver and 200 Gms. Chili Powder
from the vehicle. This vehicle was in fact parked in the parking lot of
the guest house.
4. Considering the aforesaid and no specific role attributed to the
Applicant and the Applicant having no Criminal antecedents, I am
inclined to consider the case of the Applicant for releasing him on bail.
5. Hence, in view of above prima facie observations and finding,
Bail Application of Applicant is allowed subject to the following terms
and conditions:-
(i) Applicant – Sabarinath Vinu K. U. is directed to be
immediately released from prison in connection with
CR. No.110 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 surety of the like amount;
(iii) Applicant shall report to the Investigating Officer at
Sinnar Police Station, Nashik , once every month, on the
first Monday of the month between 10:00 a.m. to 12:00
p.m. until commencement of trial and thereafter shall
attend all dates of hearing before the Trial Court;
Anand 2 of 4
8. BA 3572-2026.doc
(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;
(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
Anand 3 of 4
8. BA 3572-2026.doc
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.)
Anand 4 of 4
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