Bombay High Court

OMKAR PANDURANG ZAMBREversusSTATE OF MAHARASHTRA AND ANR.

Disposal: Allowed
Bench: MEHROZ ASHRAF KHAN PATHAN

Holding

The court allowed the bail application, exercising discretion under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The Bombay High Court, Kolhapur Bench, considered the bail application of Omkar Pandurang Zambre, who was arrested in connection with FIR No. 0098 of 2026 for offences under Sections 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The applicant claimed he was falsely implicated as part of a vendetta and pointed to a counter‑FIR filed by a co‑accused. The prosecution argued that the applicant was directly named as the assailant who used a knife, causing grievous injuries, and that the offence was serious, warranting denial of bail. The court examined the charge‑sheet, medical evidence, and the fact that the investigation was complete, noting the applicant’s clean record and the existence of a counter‑FIR. Exercising discretion under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the judge granted regular bail with conditions, ordering the applicant’s release on a personal bond of Rs. 50,000.

Issues considered

Whether bail can be granted in offences punishable under Sections 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Whether the seriousness of the alleged knife assault and the presence of grievous injuries preclude bail.
Whether the allegation of false implication and the existence of a counter‑FIR affect the bail discretion.
Whether the court may exercise its discretion under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to grant bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 109, 3(5), 352

Subjects

bail
criminal procedure
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
section 109
section 352
section 3(5)
section 483
false implication
counter FIR

Judgment

15-BA-539-2026 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLN. NO. 539 OF 2026

Omkar Pandurang Zambre … Applicant
Versus
The State of Maharashtra And Anr. … Respondents

——————
Mr. Ramanik Pawar i/b. Mr. Ruturaj Patil for the Applicant.
Mr. Shrikant H. Yadav, A.P.P. for the Respondents-State.
——————

Coram : MEHROZ K. PATHAN, J.

Date : 6th August 2026.

PER COURT :

1. The Applicant has approached this Court seeking regular bail in

connection with F.I.R. No. 0098 of 2026, dated 06/02/2026, registered with

Shahupuri Police Station, District Kolhapur, for the offences punishable under

Sections 109, 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2. Mr. Pawar, learned counsel for the Applicant submits that the Applicant

is falsely implicated in the present crime only with an intention to wreak

vengeance. The Applicant was though present on the date of incident at the

spot, however it was a scuffle, which had taken place and free for all,

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wherein accused Aditya Randive was also bodily injured and was required to

undergo treatment for his injury. The Applicant is attributed assault to

deceased Harshwardhan Kondekar as well as witness Sohan Aawale.

However, the injuries sustained by them does not show that the same are

caused by knife. The allegations are exaggerated only with an intention to

invoke stringent provisions to deny the liberty of the present Applicant. The

Applicant is arrested on 13/02/2026 and is behind bars since then. The

entire investigation is complete. The charge-sheet is also filed. The

Applicant is not having any criminal antecedents and is ready to abide by any

conditions that may be imposed by this Court. Hence, the Applicant may be

released on bail.

3. As against this, learned A.P.P. strongly opposed the bail application on

the ground that the Applicant is directly named in the F.I.R. to be assailant,

who had used the dangerous weapon knife to assault Harshawardhan as well

as Sohan. The injuries sustained by Sohan indicate that he has suffered a

stab wound on the chest, which is opined to be grievous in nature. The other

injury is described as simple; however, it comprises a contusion and a

lacerated wound. The Injury Certificate of Harshawardhan further reveals

that he has sustained injuries on the chest wall. Thus, the medical evidence

corroborates the allegations made in the F.I.R.. The offence is serious and is

punishable with imprisonment for life. Hence, this is not a fit case for

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granting bail to the Applicant.

4. I have gone through the chargesheet filed on record by the Applicant.

The perusal of the charge-sheet shows that there is a counter F.I.R. No. 99 of

2026, dated 06/02/2026, registered on the complaint of Aditya Randive, who

is a co-accused wherein the other injured witnesses Harshawardhan and

Shivaji are also arraigned as an accused. The accused Aditya was required to

undergo treatment for his grievous injuries and was discharged from the

Government Hospital on 24/02/2026 from K-Star Multi-speciality Hospital.

The co-accused Aditya was arrested and thereafter released on bail by the

learned Sessions Judge vide order dated 13/07/2026 by recording the

grievous injuries sustained by Aditya. The CCTV footage of the incident was

captured and seized by the prosecution. The entire investigation appears to

have been complete. The submission of the learned counsel for the Applicant

that the Applicant is deliberately named in the F.I.R., with an intention to

wreak vengeance as a counter F.I.R. No. 99 of 2026 filed by Aditya cannot be

ruled out at this stage. However, these observations are made only for the

purpose of deciding the application. Taking into consideration that the

charge-sheet is filed and the Applicant is also not having any criminal

antecedents, I am inclined to exercise the discretion under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023, to release the Applicant. Hence,

the following order :-

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ORDER

i. The Application is allowed.

ii. The Applicant - Omkar Pandurang Zambre be released on bail

in connection with F.I.R. No. 0098 of 2026, dated 06/02/2026,

registered with Shahupuri Police Station, District Kolhapur, for

the offences punishable under Sections 109, 352, 3(5) of the

Bharatiya Nyaya Sanhita, 2023, on furnishing P.R. Bond of Rs.

50,000/- (Rupees Fifty Thousand only) with one or two solvent

sureties in the like amount, on the following conditions :-

(A) The Applicant shall attend the concerned Police Station

once in every two months, starting from 10/08/2026.

(B) The Applicant shall not enter into the jurisdiction of

Sangli City Police Station till framing of the charge by the

trial Court.

witnesses and shall not tamper with the prosecution

evidence, in any manner.

(D) The Applicant shall submit his Aadhar Card and Pan Card

to the Investigating Officer along with mobile numbers

and addresses of two of his near relatives.

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(E) The Applicant shall attend the trial on each date of

hearing, unless exempted by the Trial Court.

5. Needless to say, a single violation of any of the conditions imposed by

this Court shall entitle the prosecution and the complainant to seek

cancellation of bail of the present Applicant.

6. The Application stands disposed off accordingly.

[ MEHROZ K. PATHAN, J. ]

Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.08.07
12:28:28
+0530

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