GOVIND SUBHASH NISALversusSTATE OF MAHARASHTRA

                                                                          19.BA.3592.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                             BAIL APPLICATION NO.3592 OF 2026

              Govind Subhash Nisal                                   .. Applicant
                         Versus
              The State of Maharashtra                               .. Respondent
                                         ....................
               Mr. Aniket Vagal a/w. Ms. Juhi Kadu and Ms. Savvy Kolhekar,
                Advocates for Applicant.
               Mr. Amit A. Palkar, APP for Respondent.
               IO – API – Sudhir Patil and Officer - API – Kalpesh Dabhade,
                Mumbai Naka Police Station, Nashik City.
                                           ...................

                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : SEPTEMBER 23, 2026
              P.C.:

              1.       Heard Mr. Vagal, learned Advocate for Applicant and Mr.

              Palkar, learned APP for Respondent.


              2.       This is an Application under Section 483 of Bharatiya

              Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.

              No.365 of 2024 registered with Mumbai Naka, Nashik City for offences

              punishable under Sections 103(1), 189(2), 189(4), 191(2), 191(3),

              190, 352 and 324(4) of the Bharatiya Nyaya Sanhita, 2023; Sections

              4/25 of the Arms Act, 1959 and Section 135 of the Maharashtra Police

              Act, 1951.


              3.       The Applicant in the present crime has been indicted for the

              charge of unlawful assembly and assaulting the victim. However the



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principal protagonist in the present case are all other co-accused

persons.    In the First Information Report, Applicant has not been

identified but some 3 – 4 unknown persons alongwith principal

Accused persons were seen to have assaulted the victim.             The eye

witness account during the Test-Identification Parade recognises the

presence of Applicant as one of the person. A specific role has been

attributed to the Applicant by the said eye witness to the extent of

Applicant having used a stone to hit the victim. Another eye witness

account however states that the Applicant had inflicted kick and fist

blows on the victim.


4.         However, Mr. Vagal would persuade the Court to consider

the issue on the grounds of arrest. Applicant has no antecedents and

he is a young offender of 23 years old, married and having one and

half year old child. Applicant has already suffered incarceration for a

period of 1 year 9 months.


5.         Considering the role attributed to Applicant, Applicant is

directed to be released on bail subject to following conditions:-


           (i)   Applicant is directed to be immediately released from

                 prison in connection with Crime No. 365 of 2024;


           (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 surety / sureties of the

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              like amount;

         (iii) Applicant shall report to the Investigating Officer at the

              concerned 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 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.

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

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               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 of in the above

               terms.



H. H. SAWANT                                                [ MILIND N. JADHAV, J. ]
                        Digitally
                        signed by
                        HARSHADA
               HARSHADA HANUMANT
               HANUMANT SAWANT
               SAWANT   Date:
                        2026.09.23
                        19:48:43
                        +0530




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