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Bombay High Court

KASHYAP VINOD PATELversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

The applicant is entitled to bail as the incident was accidental, there is no flight risk, and the investigation is essentially complete.

Summary

Kashyap Patel was arrested in connection with Crime No.459/2025 arising from a road accident on 20 December 2025 that resulted in the death of Akhtar Rajja and injuries to others. The prosecution alleged that Patel, along with his family, was involved in the incident where a four‑wheeler collided with a rickshaw at Mondha Naka bridge. Patel contended that the incident was a mere accident, that he was falsely implicated, and that he has no prior criminal record. The court observed that the facts point to an accidental occurrence lacking any element of planning, noted the absence of flight risk, and found the investigation nearly complete. Consequently, the court granted regular bail on a surety of Rs.50,000 with conditions to not tamper with witnesses and to appear in court as required.

Issues considered

  • Whether the applicant is entitled to bail despite the seriousness of the offences alleged under the Bhartiya Nyaya Sanhita and Motor Vehicles Act
  • Whether the circumstances of the case indicate a risk of flight or tampering with evidence

Legislation cited

Subjects

  • bail
  • accident
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • Motor Vehicles Act
  • flight risk
  • surety

Judgment

2026:BHC-AUG:3544
                                                               Bail Appln. No.42/2026
                                            :: 1 ::


                    IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD

                             BAIL APPLICATION NO.42 OF 2026

            Kashyap s/o Vinod Patel                   … APPLICANT
                    VERSUS
            The State of Maharashtra                  … RESPONDENT
                                            .......
            Mr. V.D. Sapkal, Senior Counsel i/b
            Mr. S.C. Shinde and D.S. Kale, Advocate for applicant
            Mr. D.B. Bhange, A.P.P. for respondent, assisted by
            Mr. B.P. Pande, Advocate for informant
                                            ....…
                                            WITH
                       CRIMINAL APPLICATION NO.357 OF 2026 IN
                           BAIL APPLICATION NO.42 OF 2026

            Abdulla Abit Abdulla Mujib                … APPLICANT
                    VERSUS
            The State of Maharashtra & anr.           … RESPONDENTS
                                            .......
            Mr. B.P. Pande, Advocate for applicant
            Mr. D.B. Bhange, A.P.P. for respondent No.1
            Mr. V.D. Sapkal, Senior Counsel i/b
            Mr. S.C. Shinde and D.S. Kale, Advocate for respondent No.2
                                            ....…

                              CORAM : SACHIN S. DESHMUKH, J.
                              DATE       : 28th JANUARY, 2026

            PER COURT :

            1.          Criminal Application No.357/2026 is allowed.            The

            original informant is permitted to assist learned A.P.P.
                                                 Bail Appln. No.42/2026
                                :: 2 ::




2.          By this application, the applicant seeks his release on

regular bail in connection with Crime No.459/2025, registered with

Jawahar Nagar Police Station, Chhatrapati Sambhajinagar for the

offences punishable under Sections 105, 125(a), 125(b), 281 of the

Bhartiya Nyaya Sanhita, 2023 and Section 134A of the Motor

Vehicles Act.


3.          The prosecution case in short is that, on 20/12/2025 at

about 9.15 p.m., the informant along with his family members and

relatives, after having dinner in a hotel, while they were returning

home, at Mondha Naka bridge, one four-wheeler bearing

Registration No.MH-20/GQ-0221 gave dash to the rickshaw, due to

which Akhtar Rajja fell down from the bridge and others sustained

grievous injuries. After the accident, the driver ran away from the

spot along with three girls. Akhtar Rajja was immediately rushed to

the Ghati Hospital, where he was declared dead. Others were also

taken to the hospital for treatment.


4.          Learned Senior Counsel for the applicant submits that,

the occurrence of the incident is an accident and the informant has

falsely implicated the present applicant in the present crime. The

applicant has no criminal antecedents. In any case, further custody
                                                     Bail Appln. No.42/2026
                                  :: 3 ::


of the applicant is not warranted and as such, prayed to allow the

application.


5.             Per contra, learned A.P.P. and learned counsel for the

informant opposed the application contending that the offence is

serious and as such, prayed to reject the application.


6.             Considering the fact that it is a case of sheer accident,

the incident pertinently lacks the elements of a planned crime,

making the further custodial interrogation unnecessary. There are

no antecedents as against the applicant. Now there is no flight risk

or likelihood of the applicant absconding.           Nevertheless, the

investigation is almost complete for all intents and purposes.

Therefore, in my considered opinion, the applicant deserves to be

released on bail. Hence the order :


                                ORDER


(i)      Bail Application is allowed.


(ii)     The applicant, Kashyap Vinod Patel, be released on bail

         on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty

         Thousand) with one solvent surety of the like amount in

         the above crime, on the conditions that :
                                                  Bail Appln. No.42/2026
                                :: 4 ::


        (a)     The applicant shall not tamper with the prosecution

                witnesses.

        (b)     The applicant shall remain present on each date,

                unless exempted by the trial Court.

(iii)   Needless to state that, nothing stated hereinabove shall be

construed as an expression on merits of the case. Learned Trial

Court shall proceed independently and uninfluenced by the

observations made hereinabove.




                              (SACHIN S. DESHMUKH, J.)




fmp/-


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