Bombay High Court
KASHYAP VINOD PATELversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
- Bench
- SACHIN S DESHMUKH
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
- Bhartiya Nyaya Sanhita, 2023 — s. 105, 125(a), 125(b), 281
- Motor Vehicles Act — s. 134A
Subjects
- bail
- accident
- criminal procedure
- Bhartiya Nyaya Sanhita
- Motor Vehicles Act
- flight risk
- surety
Judgment
2026:BHC-AUG:3544
Bail Appln. No.42/2026
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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
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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
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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
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(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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