Bombay High Court
DIVESH SANTOSHI SUTARversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NEELA KEDAR GOKHALE
Holding
Bail is to be granted to the applicant on the condition of a personal bond and compliance with standard bail conditions.
Summary
The applicant, Divesh Santosh Sutar, an 18‑year‑old, was arrested in connection with the murder of Abhishek Singh under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that six accused and a juvenile assaulted the deceased, leading to his death, and that the applicant was present at the scene but did not participate in the assault. The applicant’s counsel argued that he had no role in the beating, had no criminal antecedents, and was falsely implicated, seeking bail. The State’s counsel conceded the applicant’s lack of participation but warned that the investigation was ongoing and a supplementary charge‑sheet could be filed. The court, after reviewing the charge‑sheet and hearing counsel, held that the applicant’s alleged role was limited to being present and failing to inform police, and, given his age and clean record, bail should be granted with standard conditions. The bail application was allowed and the matter disposed.
Issues considered
- What is the appropriate bail disposition for an accused whose alleged role is limited to presence at the crime scene and failure to inform police, with no criminal antecedents and being a minor?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- murder
- Bharatiya Nyaya Sanhita
- Section 103
- Section 3(5)
- minor
- criminal procedure
Judgment
Prasad Rajput
(P.A.) 4_BA_4873_2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.4873 OF 2025
Divesh Santosh Sutar …Applicant
Versus
State of Maharashtra …Respondent
Ms. Priyanka Dubey a/w Saurabh Kamble, Utkarsh Shukla and
Hitanshi Gajaria i/by Hedgehog and Fox LLP, for the
Applicant.
Ms. Gauri S. Rao, APP for the Respondent - State.
API – Nivas Kanoje, Tarapur Police Station, present.
CORAM DR. NEELA GOKHALE, J.
DATED: 08TH JANUARY 2026
PC:-
1. By this Application, the Applicant seeks his
enlargement on bail in connection with C.R. No. 26 of 2025
dated 16th May, 2025, registered with the Tarapur Police
Station, District: Palghar, for the offences punishable under
Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita,
2023 (for short ‘BNS’).
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Prasad Rajput
(P.A.) 4_BA_4873_2025.doc
2. The case of the prosecution, in brief, is that the
First Informant i.e. the father of the deceased, learnt from his
wife on 16th May, 2025 at around 07:30 a.m., that his son
namely, Abhishek Singh was found to be in unconscious state
near the protection wall of MSEB at Ambat-Goad ground,
Pasthal. They made a complaint pursuant to which, the FIR
was registered.
3. Upon investigation, it was revealed that there
were in all six accused plus one juvenile, who had a quarrel
with the deceased, and in the quarrel they assaulted the
deceased, leading to his death. Hence, all the accused,
including the present Applicant, were arrested.
4. The Applicant made an application seeking bail
before the Additional Sessions Judge, Palghar, however, by
order dated 17th October, 2025, said application was rejected.
Hence, the Applicant has filed the present application for the
reliefs as prayed.
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Prasad Rajput
(P.A.) 4_BA_4873_2025.doc
5. Ms. Dubey, learned counsel for the Applicant,
draws my attention to the charge-sheet. She submits that
there is no role attributed to the present Applicant in terms of
beating up the deceased. She submits that there are no
criminal antecedents against the present Applicant. She
further submits that the Applicant is only 18 years of age and
he has been falsely implicated in the present offence. Hence,
she prays that the Applicant be enlarged on bail.
6. Ms. Rao, learned APP representing the State,
brings to my notice a further part of the charge-sheet, which
indicates presence of the Applicant at the spot of the incident.
However, she fairly concedes that it does not appear in the
investigation, at this stage, that the Applicant had any role in
the assault. However, she submits that the investigation is
underway and the Investigating Officer may file a
supplementary charge-sheet in the present matter. She also
concedes that there are no criminal antecedents against the
present Applicant. Hence, she prays that the application be
rejected.
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Prasad Rajput
(P.A.) 4_BA_4873_2025.doc
7. I have heard learned counsel for the Applicant and
perused the record of the case with their assistance.
8. The gist of the offence mentioned in the charge-
sheet which is on record indicates that the co-accused namely
Ketan, Vishal, Divesh, Sahil, Bhushan and Rohit are prima
facie involved in beating up the deceased with hands, fist
blows, iron pipe and stones. However, it does appear that the
present Applicant is only attributed the role of failing to
inform the police or the parents / family members of the
deceased regarding the assault on the deceased and that his
body was lying at the spot on which the deceased was found.
Initially, the Applicant herein had also absconded, but
somehow police were able to trace and arrest the Applicant.
9. In view of the fact that prima facie the role of the
Applicant is only that he was present at the spot of the
incident and failed to inform the police regarding the assault
carried out by the co-accused, and that there are no criminal
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(P.A.) 4_BA_4873_2025.doc
antecedents against the Applicant, I am inclined to enlarge the
Applicant on bail. It is accordingly ordered as under:-
ORDER
i) The Applicant be enlarged on bail, on
executing PR Bond in the sum of Rs.25,000/ with
one or two local sureties in the like amount;
ii) The Applicant shall attend the Trial Court
concerned on each and every date unless exempted
by the orders of the Trial Court concerned;
iii) The Applicant shall also attend the Police
Station concerned once in a month between 11:00
a.m. to 02:00 p.m., till the charges are framed;
iv) If the Applicant has not deposited his
passport, if any, the Applicant shall deposit the same
with the Police Station concerned;
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Prasad Rajput
(P.A.) 4_BA_4873_2025.doc
v) The Applicant shall not leave India, without
the permission of the Trial Court;
vi) The Applicant shall not tamper or attempt to
influence or contact the complainant, witnesses or
any person concerned with the case;
vii) The Applicant shall inform his latest place of
residence and contact number immediately after
being released and / or change of residence or
mobile details, if any, from time to time to the Court
seized of the matter and to the Investigating Officer
of the Police Station concerned;
viii) The Applicant to co-operate with the conduct
of the trial;
ix) Any infraction of the aforesaid conditions
shall entail cancellation of bail.
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Prasad Rajput
(P.A.) 4_BA_4873_2025.doc
10. Application is allowed in the above terms and is
accordingly disposed of.
11. It is made clear that the observations made herein
are prima facie and are confined to this Application and the
learned Trial Judge to decide the case on its own merits,
uninfluenced by the observations made herein.
(DR. NEELA GOKHALE, J)
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