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Bombay High Court

SANDEEP SHIVAJI UGALEversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail was granted to the applicant subject to specified conditions.

Summary

The applicant, Sandeep Shivaji Ugale, was arrested for alleged assault causing grievous injuries to a victim during a dispute over agricultural work that affected his family's livelihood. The FIR, filed on 28 January 2026, listed offences under Sections 189(2), 189(4), 190, 191(2), 191(3), 109(1), 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023, and the bail application was made under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court noted that the altercation was spontaneous, there was no pre‑meditated intent or weapon, and the applicant had already spent eight months in custody. Considering the applicant's young age, lack of premeditation, and the circumstances of the dispute, the judge was inclined to grant bail. Bail was ordered on the condition of a Rs.25,000 personal bond, sureties, regular reporting to the police, and other standard restrictions. 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 Bharatiya Nagarik Suraksha Sanhita, 2023, in view of the nature of the offences and the circumstances of the incident

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita
  • assault
  • grievous injury
  • surety
  • conditions of bail

Judgment

                                                                10.BA.3734.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION

                       BAIL APPLICATION NO. 3734 OF 2026

       Sandeep Shivaji Ugale                               .. Applicant
                  Versus
       The State of Maharashtra                            .. Respondent

                                 ....................
        Mr. Arpit Mutha, Advocates for Applicant.
        Mr. Yogesh M. Nakhwa, APP for Respondent.
                                     ...................

                                   CORAM : MILIND N. JADHAV, J.
                                   DATE           : OCTOBER 05, 2026

       P.C.:

       1.        Heard Mr. Mutha, learned Advocate for Applicant and Mr.

       Nakhwa, learned APP for Respondent – State.


       2.        This is an Application under Section 483 of the Bharatiya

       Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in

       connection with C.R.No.16 of 2026 registered with Vani Police Station,

       District Nashik for offences punishable under Sections 189(2), 189(4),

       190, 191(2), 191(3), 109(1), 351(2), 351(3) and 352 of the Bharatiya

       Nyaya Sanhita, 2023 (for short ‘BNS’). The First Information Report is

       filed on 28.01.2026 and Applicant came to be arrested on 29.01.2026.


       3.        The family of Applicant was incensed and upset in regard to

       the work which was undertaken by the injured victim and his family

       members in the agricultural field which probably appears to have


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                                                        10.BA.3734.2026.doc


affected their livelihood. Hence, in order to reason with the

Complainant, the injured victim and his family members, rather the

entire family of the Applicant proceeded to the agricultural field and

had a quarrel. However, the verbal altercation that ensued there

escalated into a physical altercation during which the Applicant

inflicted two blows upon the injured victim thereby causing him

grievous injuries. The certificate issued by the private medical hospital

records the injury as grievous whereas the Government Hospital has

opined that the injury is not grievous.

4.        Be that as it may, the statements which are recorded prima

facie show the motive of the crime to be the agricultural work

undertaken in the field by the Complainant's family which deprived

livelihood to Applicant's family. Applicant is 22 years old. The witness

statements prima facie show the extent of the verbal altercation having

taken place before the actual incident in question.

5.        Applicant has already been incarcerated for almost 8 months.

Considering the fact that there was no premeditated intention or

motive to commit the crime with a weapon and the escalation of the

verbal altercation into the fight, I am inclined to consider Applicant's

case for grant of bail.

6.        Hence, in view of above prima facie observations and

findings, Bail Application of Applicant is allowed subject to the

following terms and conditions:-

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(i)   Applicant – Sandeep Shivaji Ugale is directed to be

      immediately released from prison in connection with

      CR. No.16 of 2026;

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

      furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five

      Thousand only) with one or two sureties in the like

      amount;

(iii) Applicant shall report to the Investigating Officer at

      Vani Police Station, once every month, on the first

      Sunday 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 cooperate 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 leave the State of Maharashtra

      without prior permission of the Trial Court;

(vi) Applicant shall not enter the territorial jurisdiction of

      Vani Police Station till the conclusion of trial except

      attending the Court hearing;

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

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                                            tamper with the evidence in any manner;

                                       (viii)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

                                       (ix) Any breach or infraction of any of the aforesaid

                                            conditions shall entail cancellation of the 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 in the above terms.



                                                                        [ MILIND N. JADHAV, J. ]

      Ajay
              Digitally signed
              by AJAY
AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date: 2026.10.05
              14:54:29 +0530




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