Bombay High Court
AMIN SHAUKAT SHAIKHversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail was granted to the applicant subject to conditions.
Summary
The Bombay High Court considered a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, filed by 18‑year‑old Amin Shaukat Shaikh in connection with a murder case (CR No.113 of 2026) involving alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, 1959. The prosecution’s case relied mainly on CCTV footage showing the applicant and a juvenile near the crime scene and a vague motive based on prior enmity, with no direct evidence linking them to the killing. The court noted the lack of a clear nexus or motive, the circumstantial nature of the evidence, and the applicant’s status as a young offender. Considering these prima facie observations, the court granted bail with a personal bond of Rs.15,000 and several conditions, while expressly reserving that the order is limited to bail and does not address the merits of the case. The bail order was issued on 29 September 2026.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the seriousness of the offences and circumstantial evidence
- Whether the applicant's age and lack of direct evidence warrant bail
Legislation cited
- Arms Act, 1959 — s. 25, 4
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)
Subjects
- bail
- circumstantial evidence
- juvenile offender
- serious offences
- Arms Act
- criminal procedure
- Section 483
- Bharatiya Nagarik Suraksha Sanhita
Judgment
10.BA.3645.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3645 OF 2026
Amin Shaukat Shaikh .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Shailesh Kharat a/w. Mr. Onkar Chaudhari, Mr. Pravin Taralla,
Mr. Shreyash More, Advocates for Applicant.
Mr. Sukanta A. Karmakar, APP for Respondent.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 29, 2026
P.C.:
1. Heard Mr. Kharat, learned Advocate for Applicant and Mr.
Karmakar, 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.113 of 2026 registered with Shikrapur Police Station for offences
punishable under Sections 103(1), 238, 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Sections 4 and 25 of the Arms Act, 1959.
3. Applicant is young offender. Prosecution case is that body of
deceased – victim was found behind the house in Gat No.518 and
complaint was lodged about some unknown person having committed
the crime in question. The CCTV footage is the only material available
with the prosecution at the threshold to indict the Applicant and other
co-accused person who is a juvenile. The material in CCTV footage
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does not indict them in the alleged act of crime but it shows the
Applicant and juvenile Accused passing on the said road leading to the
incident spot in that area and nothing more. Based on that Applicant
and the juvenile Accused are apprehended and it is case of prosecution
that due to certain quarrel and previous enmity between them they
had eliminated the deceased – victim. The deceased victim is 30 years
old and Applicant before me is 18 years old and juvenile Accused is
less than 18 years old.
4. Record prima facie shows that there is no nexus between
Applicant and the deceased – victim and as argued by Mr. Kharat, they
did not know each other either. There is nothing incriminating placed
on record by the prosecution to support the above case. Hence, motive
is prima facie unclear.
5. Admittedly the evidence against Applicant is circumstantial
and there is no direct evidence otherwise. The most crucial and
intriguing factor is the fact that one witness has recorded his statement
on the ground that he received information from the persons in the
village that the deceased – victim was assaulted and he went to the
spot and found the body. There is no specific investigation in this
direction at all.
6. Considering the aforesaid prima facie observations and
findings, the Applicant being a young offender is required to be given a
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chance to resurrect his life and become a good citizen in the Society
otherwise. Applicant is released on bail subject to following
conditions:-
(i) Applicant – Amin Shaukat Shaikh is directed to be
immediately released from prison in connection with
Crime No. 113 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 surety / sureties of the
like amount;
(iii) Applicant shall report to the Investigating Officer at
Shikrapur 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
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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.
7. 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.
8. Bail Application is allowed and disposed of in the above
terms.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.09.29
19:28:48 +0530
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