Bombay High Court
SUGRIV ALIAS SURAJ CHOUDHARY NISHADversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to conditions.
Summary
The applicant, Sugriv alias Suraj Choudhary Nishad, was arrested for alleged assault causing the death of a close relative, under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The incident arose from a dispute over a scooter key, leading to a fistfight in which the applicant is said to have struck the victim three times, possibly using a spade. The applicant sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, arguing that the act was spontaneous, unpremeditated, and provoked by the victim. The court examined the prima facie evidence, noting conflicting statements but concluding that there was no indication of pre‑planning or flight risk. Accordingly, the court granted bail with a bond of Rs.15,000 and several conditions, while expressly reserving the right to revoke bail for any breach. The order was limited to bail and did not address the merits of the criminal case.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the alleged assault was prima facie non‑premeditated and thus warrants bail.
- Whether the applicant poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- assault
- provocation
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- Section 483
- Section 103(1)
- Section 3(5)
- non‑premeditated
Judgment
21.BA.3754.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3754 OF 2026
Sugriv Alias Suraj Choudhary Nishad .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Himanshu Pratap Singh and Mr. Pratik P. Patil, Advocates i/by
Mr. Kalyan Sonnefor Applicant.
Ms. Sangeeta E. Phad, APP for Respondent.
...................
CORAM : MILIND N. JADHAV, J.
DATE : OCTOBER 05, 2026
P.C.:
1. Heard Mr. Singh, learned Advocate for Applicant and Ms.
Phad, 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.201 of 2025 registered with Kharghar Police Station for offences
punishable under Sections 103(1) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. The Applicant is in custody. Applicant is arrested on
12.05.2025. The deceased-victim happens to be a close relative of the
Applicant himself. Four or five persons, including the Applicant and
the victim, all stayed together. On the uneventful day, they all
converged in the room by running different errands.
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4. It is prima facie seen that the deceased-victim wanted to
borrow the scooter belonging to the Applicant and on insisting on
being given the key of the scooter to him, which the Applicant refused
this incensed the demised-victim which led to a verbal spat which went
out of control, leading to a fistfight between them and in that episode,
the Applicant has been accused of rather alleged to have inflicted three
blows on the deceased-victim.
5. One version, copy of which is appended at page No.54,
prima facie states that the Applicant had used a fawada i.e. a spade,
which was lying nearby, whereas another version, copy of which is
appended at page No.136 states that the person who recorded his
statement in the First Information Record was infact running a
different errand of fetching water and was not present when the actual
incident took place.
6. Considering the fact that the incident was not premeditated,
planned or conspired and happened at the spur of the moment and on
the provocation of the deceased-victim himself which is prima facie
seen from the statements recorded, I am inclined to accept the the case
of the applicant for grant of bail.
7. Considering the aforesaid, Applicant is released on bail
subject to following conditions:-
(i) Applicant - Sugriv Alias Suraj Choudhary Nishad is
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21.BA.3754.2026.doc
directed to be immediately released from prison in
connection with Crime No. 201 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 surety / sureties of the
like amount;
(iii) Applicant shall report to the Investigating Officer at
Kharghar Police Sttion, 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;
(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
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(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:
2026.10.05
15:08:35 +0530
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