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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 281
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Motor Vehicle Act, 1988 — s. 177, 183, 184
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
Anand 1 of 4
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
Anand 2 of 4
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
Anand 3 of 4
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.)
Anand 4 of 4
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