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Bombay High Court

UMAR DIN MOHAMMADversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The court granted bail to the applicant, subject to specified conditions.

Summary

The High Court considered a bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in connection with a fatal road‑traffic accident that resulted in the death of a police constable. The applicant, Umar Din Mohammad, a 19‑year‑old cleaner who was seated beside the driver of the truck at the time of the incident, had been incarcerated for more than one year and four months. The prosecution alleged offences under Sections 103(1) and 281 of the Bharatiya Nyaya Sanhita, 2023, and Sections 177, 183 and 184 of the Motor Vehicle Act, 1988. The court examined the applicant’s youthful age, his peripheral role as a cleaner rather than the driver, and the principle that bail may be granted when the offence is not of the gravest nature and the accused is not a flight risk. Relying on these prima‑facie observations, the court decided to release the applicant on bail subject to strict conditions. The order expressly limited its observations to bail and made no determination on the merits of the criminal charges.

Issues considered

  • Whether bail should be granted to the accused under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the nature of the offences and the applicant's age and role in the incident

Legislation cited

Subjects

  • bail
  • criminal procedure
  • young offender
  • motor vehicle accident
  • Section 483
  • BNSS
  • BNS
  • Motor Vehicle Act

Judgment

                                                                              4. BA 3675-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                        BAIL APPLICATION NO. 3675 OF 2026

                      Umar Din Mohammad                                 .Applicant

                                  Vs.

                      The State of Maharashtra                          .Respondent

         Digitally
                      Mr. Sachin Pawar i/b. Mr. Shailesh Chavan, Advocates, for the
         signed by
         ANAND        Applicant
ANAND    SUDHAKAR
SUDHAKAR SUDAME
SUDAME   Date:
                      Mr. S. A. Karmakar, APP, for the Respondent – State
         2026.10.01
         16:23:54
         +0530
                      Mr. Jadhavrao, PSI, Vadgaon Maval Police Station, Pune present

                                          CORAM : MILIND N. JADHAV, J.

                                          DATE     : 30.09.2026
                      P. C.

                      1.      Heard Mr. Pawar, learned Counsel for the Applicant and Mr.

                      Karmakar, 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.163 of 2025 registered with Vadgaon Maval Police Station,

                      Pune for offences punishable under Sections 103(1), 281 of the

                      Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and under Sections

                      177, 183 & 184 of the Motor Vehicle Act, 1988.

                      3.      The Applicant is a young offender, who is a cleaner of the truck

                      involved in the fatal accident in question which led to the unfortunate


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                                                        4. BA 3675-2026.doc

demise and death of the victim. The victim in this case is a Police

Constable, who had stopped the truck registered in the State of

Haryana on the high way coming from Lonavala. The record placed by

the prosecution prima facie shows that the truck engine was shut down

and at that time, the deceased victim attempted to put the barricades

in front of the truck in order to prevent it from re-starting and

escaping, however, at that point of time, the driver of the truck, who is

arraigned as Accused No. 1 started the truck and dashed the barricades

and collided with the victim, who came under the wheels of the truck.

Admittedly, Applicant before me is the cleaner of the truck, who was

sitting along side the Accused No.1 - driver. The Applicant is 19 years

old, whereas the Accused No. 1 is 24 years old at the time of the

incident. The Applicant is incarcerated for more than 1 year and 4

months.

4.      Considering the role attributed to the Applicant in the present

crime and his young age, I am inclined to release the Applicant 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 – Umar Din Mohammad is directed to be

                 immediately released from prison in connection with


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                                                       4. BA 3675-2026.doc

             CR. No. 163 of 2025;


        (ii) Applicant is directed to be released on bail on furnishing

             P. R. Bond of Rs.10,000/- (Rs. Ten Thousand only) with

             one or two sureties of the like amount;


        (iii) Applicant shall report to the Investigating Officer at

             Vadgaon Maval Police Station, 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

             entitle the prosecution to apply for cancellation of bail;


        (v) Applicant shall not influence any of the witnesses or

             tamper with the evidence in any manner;


        (vi) 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

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                                                           4. BA 3675-2026.doc

                 mobile telephone number, as and when such change

                 occurs; and


           (vii) 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.)




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