Bombay High Court
ROHIT @ BHURYA SIDDHARTH KAMBLEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that, owing to the lack of pre‑meditation and the applicant’s youth, bail must be granted subject to strict conditions.
Summary
The applicant, Rohit alias Bhurya Siddharth Kamble, was arrested in connection with a fight on 24 November 2025 in which he slapped a minor friend of his and became involved in a brawl that resulted in injuries and damage to a scooter. The case was registered under several offences under the Bharatiya Nyaya Sanhita, 2023, and the bail application was filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023. The court observed that the incident was spontaneous, there was no pre‑meditation, and the applicant is a young offender, factors that favour bail. Considering the absence of a specific weapon and the applicant’s age, the judge granted bail subject to a cash bond, sureties and a series of reporting and conduct conditions. The order expressly limited its observations to bail and did not address the merits of the criminal charges.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the BNSS, 2023, given the nature of the offences and the circumstances of the incident?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 324(4), 3(5), 351(2), 351(3), 352
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 483
Subjects
- bail
- criminal procedure
- Section 483 BNSS
- Bharatiya Nyaya Sanhita
- premeditation
- juvenile offender
- assault
- court conditions
Judgment
14. BA 3650-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3650 OF 2026
Rohit alias Bhurya Siddharth Kamble .Applicant
Vs.
The State of Maharashtra .Respondent
ANAND Mr. Tanmay Kate i/b. Mr. V. V. Dushing, Advocates, for the Applicant
SUDHAKAR
SUDAME Ms. Anuja S. Gotad, APP, for the Respondent – State
Digitally signed by
ANAND SUDHAKAR
SUDAME CORAM : MILIND N. JADHAV, J.
Date: 2026.09.29
20:38:12 +0530
DATE : 29.09.2026
P. C.
1. Heard Mr. Kate, learned Counsel for the Applicant and
Ms. Gotad, 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. 543 of 2025 registered with Sant Tukaram Nagar Police
Station, Pimpri Chinchwad, Pune for offences punishable under
Sections 109(1), 352, 351(2), 351(3), 3(5) & 324(4) of the Bharatiya
Nyaya Sanhita, 2023 (for short “BNS”).
3. The Applicant is a young offender. The incident occurred on
24.11.2025 at 10.30 p. m. in the night, where a group of boys were
confronted by the Applicant because they had slapped one of the
Anand 1 of 5
14. BA 3650-2026.doc
Applicant’s friend, who was a minor and juvenile. The Applicant went
to reason out with them and in the skirmish had slapped the injured
victim which led to a confrontation and a free for all fight between
both the groups. Hearing the commotion, 3-4 other persons, who were
friends of the Complainant also entered into the fight. Some of the
persons were below 18 years of age. The FIR has been lodged two days
later. The Medical Certificate of the Applicant having been treated for
an injury over his right leg is appended at page No.91.
4. Considering that there was no pre-meditation whatsoever in the
incident in question having been planned by the Applicant, as it
happened on the spur of the moment in view of the Applicant having
approached the injured victim and questioned him about his conduct, I
am inclined to consider the case of the Applicant for grant of bail.
Insofar as the injury that occurred, it is seen that there is no specific
weapon involved and prosecution case is based on either side having
used glass pieces, keys & scooter keys during the fist fight which
occurred. In the said fight, the Activa Scooter of the injured victim was
also damaged which enraged the victim and his friends which led to
the confrontation. In view of the aforesaid facts, there is specific motive
ascribed and no pre-mediation plan to commit the crime, and hence,
considering the age of the Applicant, I am inclined to accept the case
Anand 2 of 5
14. BA 3650-2026.doc
for 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 – Rohit alias Bhurya Siddharth Kamble is
directed to be immediately released from prison in
connection with CR. No. 543 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 of the like amount;
(iii) Applicant shall report to the Investigating Officer at Sant
Tukaram Nagar Police Station, Pimpri Chinchwad, Pune,
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;
(iv) Applicant shall co-operate 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
Anand 3 of 5
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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
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.
Anand 4 of 5
14. BA 3650-2026.doc
7. Bail Application is allowed and disposed in the above terms.
(MILIND N. JADHAV, J.)
Anand 5 of 5
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