Bombay High Court
KRUSHNA ASHOK NADAR ALIAS SONUversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to the conditions specified in the order.
Summary
The applicant, Krushna Ashok Nadar, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for offences alleged under Sections 109, 115(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 37(1) and 135 of the Maharashtra Police Act, 1951. He was arrested on 6 April 2026 for allegedly assaulting a known associate with a scythe, causing simple and grievous injuries, after a prior dispute over a mobile phone. The court noted that the assault appeared to be provoked by the earlier incident, that there was no clear intent to commit a serious crime, and that the applicant needed to support his family as a vegetable seller. Considering these circumstances, the judge granted bail with a personal bond of Rs.10,000 and several conditions, including regular reporting to the police, non‑interference with witnesses, and staying within Maharashtra. The order expressly limited its observations to bail and did not address the merits of the case.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the seriousness of the alleged offences.
- Whether the provocation and lack of evident intent justify the release of the accused on bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 3(5), 352
- Maharashtra Police Act, 1951 — s. 135, 37(1)
Subjects
- bail
- provocation
- assault with dangerous weapon
- Bharatiya Nyaya Sanhita
- Maharashtra Police Act
- Section 483
- criminal procedure
Judgment
14.BA.3699.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3699 OF 2026
Krushna Ashok Nadar alias Sonu .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Mihir Kasliwal, Advocate for Applicant.
Mr. Sukanta A. Karmakar, APP for Respondent.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 30, 2026
P.C.:
1. Heard Mr. Kasliwal, 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.151 of 2026 registered with Bhadrakali Police Station for offences
punishable under Sections 109, 115(2), 352 and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 37(1) and 135 of the Maharashtra
Police Act, 1951.
3. Applicant is arraigned as Accused No.1 in the present crime
and arrested on 06.04.2026 and is in incarceration since then.
Accused Nos.2 and 3 are already released on bail. Case of prosecution
against Applicant is that he is the principal perpetrator of the act in
question whereby with a dangerous weapon namely scythe (dks;rk) he
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14.BA.3699.2026.doc
had inflicted a blow on the injured victim. The Injury Certificate is
appended at page No.87 which prima facie shows three simple injuries
and one grievous injury on the nose of the injured victim. The
precursor of present crime – incident is what transpired on the
previous day when the injured victim had himself snatched the mobile
phone of the Applicant because there was a money dispute between
them regarding payment of money.
4. Both the persons are known to each other since they used to
sell vegetables in the local market and there was an existing and
subsisting relationship between them. In view of the precursor
incident which was pacified on that day itself with the interference of
the mother of Applicant and family members of the injured victim, it
appears that on the following day in order to take revenge for what
had happened on the previous date, the incident in question had
happened.
5. Considering the overall circumstances and prima facie it is
seen that there was no intent as such to commit the crime since it was
in view of the provocation because of the previous day’s incident, I am
inclined to accept the case of Applicant for grant bail.
6. Applicant is required to also provide care and support to his
family members being a vegetable seller which is one more reason for
consideration of the Application for bail.
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7. Considering the aforesaid, Applicant is released on bail
subject to following conditions:-
(i) Applicant - Krushna Ashok Nadar alias Sonu is directed
to be immediately released from prison in connection
with Crime No. 151 of 2026;
(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 surety / sureties of the like
amount;
(iii) Applicant shall report to the Investigating Officer at
Bhadrakali 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;
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(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.
8. 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.
9. 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:
2026.10.01
10:35:24 +0530
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