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Bombay High Court

NITIN BAJIRAO SANASversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The bail application is allowed.

Summary

The applicant, Nitin Bajirao Sanas, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for charges under Section 103(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, relating to the assault and death of a close friend. The facts indicate that the accused and the victim were heavily intoxicated, leading to a physical altercation in which the applicant participated by delivering kicks and blows. The applicant had been in custody for over two years and three months. The court considered the prolonged detention, the nature of the alleged offence, and the applicant's willingness to comply with strict bail conditions. It concluded that bail was appropriate, subject to a personal bond, sureties, reporting requirements, and prohibitions on tampering with evidence or fleeing the state. 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, for an offence punishable under Section 103(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, considering the circumstances of the alleged assault and the applicant's prolonged pre‑trial detention.

Legislation cited

Subjects

  • bail
  • Section 483
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita
  • assault
  • intoxication
  • pre‑trial detention
  • Maharashtra

Judgment

                                                                           22.BA.3787.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                              BAIL APPLICATION NO.3787 OF 2026

              Nitin Bajirao Sanas                                     .. Applicant
                          Versus
              The State of Maharashtra                                .. Respondent
                                         ....................
               Mr. Sushant J. Tayade (appearing through Video Conferencing)
                a/w. Mr. Sujit Padvi, Mr. Akshay Ade and Ms. Pallavi, Advocates
                i/by Sushant J. Tayade Associates for Applicant.
               Ms. Rajeshree V. Newton, APP for Respondent.
               API – Dipti Kasape, Bhor Police Station.
                                            ...................

                                           CORAM : MILIND N. JADHAV, J.
                                           DATE          : OCTOBER 07, 2026
              P.C.:

              1.        Heard Mr. Tayade, learned Advocate for Applicant appearing

              through Video Conferencing and Ms. Newton, 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.166 of 2024 registered with Bhor Police Station, Pune for offences

              punishable under Section 103(1) read with Section 3(5) of the

              Bharatiya Nyaya Sanhita, 2023.


              3.        Applicant is arrayed as Accused No.1 in the present case. It

              is prima facie seen that the deceased victim was a close friend of the 3

              accused persons and one week prior to the date of incident there was a



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non-cognizable complaint lodged by a third party against Accused No.

3 and the victim for they having committed mischief and having

damaged the windshield of car of the Complainant.


4.        The witness statements which are recorded and placed on

record prima facie show that all four persons i.e. three accused persons

and the victim, were drinking and were in a completely intoxicated

state of affairs when an argument erupted between them and escalated

to a physical fight whereby the three accused persons ended up beating

the deceased victim with hand and kick blows The role attributed to

the Applicant though not concerned with the motive or for that matter

the precursor incident is that he also participated in inflicting kick and

fist blows in an intoxicated state.


5.        The Applicant is behind bars for more than 2 years 3 months.

For the above reasons and the ignominy of the trial commencing and

for that matter concluding when it has not even commenced being

bleak, I am inclined to consider the case of the Applicant for grant of

bail.


6.        Considering the aforesaid, Applicant has made out case for

grant of bail subject to following conditions:-


          (i)   Applicant is directed to be immediately released from

                prison in connection with Crime No. 166 of 2024;



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(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 the

     concerned 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;

(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.

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                 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 of in the above

                 terms.



H. H. SAWANT                                                    [ MILIND N. JADHAV, J. ]

                           Digitally signed
               HARSHADA by HARSHADA
                        HANUMANT
               HANUMANT SAWANT
               SAWANT   Date: 2026.10.07
                           19:13:55 +0530




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