Bombay High Court

ABDUL SHAKIB ABDUL QADIRversusSTATE OF MAHARASHTRA

Decided: 7 October 2026
Disposal: Allowed

Holding

Bail is granted to the applicant subject to specified conditions.

Summary

The Bombay High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning an alleged offence under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023. The applicant, a 20‑year‑old, was arrested solely on circumstantial evidence, primarily CCTV footage showing his presence near where the victim’s body was found, and his friendship with the deceased. The court noted the absence of direct incriminating material and the applicant’s vulnerable family circumstances, including mentally challenged relatives. Weighing these factors, the court granted bail with a cash bond of Rs.10,000 and imposed standard conditions such as regular reporting to the police, non‑departure from Maharashtra without permission, and non‑interference with witnesses. The order expressly limited its observations to bail and refrained from commenting on the merits of the case.

Issues considered

Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when the prosecution’s case is based solely on circumstantial evidence.
Whether the applicant’s age, socio‑economic background, and family circumstances warrant the grant of bail despite the seriousness of the alleged offence under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 103(1)

Subjects

bail
circumstantial evidence
Section 483
Section 103(1)
criminal procedure
age of accused
family hardship
conditions of bail

Judgment

23.BA.3788.2026.doc

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

BAIL APPLICATION NO.3788 OF 2026

Abdul Shakib Abdul Qadir .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
 Mr. Nikhil G. Hire a/w. Mr. Momin Bilal Ansari, Advocates for
Applicant.
 Ms. Rajeshree V. Newton, APP for Respondent.
...................

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

1. Heard Mr. Hire, learned Advocate for Applicant 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.497 of 2024 registered with Malegaon Taluka Police Station,

Nashik Rural for offences punishable under Section 103 (1) of the

Bharatiya Nyaya Sanhita, 2023.

3. Applicant is apprehended and indicted in the present crime

on the basis of circumstantial evidence solely on the basis that he

happened to be a close friend of the deceased – victim. Victim was

working as a cleaner in an establishment where he was friends with

the present Applicant. The family members of deceased victim have

also admitted the fact that the victim was prone to addiction.

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4. The victim’s body was found by the police in a public place,

and it is merely on the basis of suspicion emanating from CCTV

footage which shows the Applicant being present in the area where the

body was found, the Applicant is arrested. Save and except this, there

is no other incriminating material placed on record.

5. Applicant is a young offender of 20 years of age, requiring to

support his family, whose father and brother both are mentally

challenged persons. In that view of the matter, the case of Applicant

who is a young offender is considered since there is no direct evidence

and therefore, Applicant is released on bail subject to following

conditions:-

(i) Applicant is directed to be immediately released

from prison in connection with Crime No. 497 of

2024;

(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 the concerned Police Station, once every month

on the first Monday of the month between 10:00

a.m. to 12:00 p.m.;

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(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.

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

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23.BA.3788.2026.doc

uninfluenced with any of the prima facie observations made

hereinabove in this order.

7. 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:
2026.10.07
19:14:50 +0530

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