VIVEK GAJENDRA DUGANversusTHE STATE OF MAHARASHTRA AND ANOTHER

                                                        17-BA-697-2026 (CR).doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                   CRIMINAL APPELLATE JURISDICTION

                CRIMINAL BAIL APPLICATION NO. 697 OF 2026

Vivek Gajendra Dugan                                       ...Applicant
      Versus
The State Of Maharashtra And Another                       ...Respondents


                            ——————
Mr. Jaydeep Mane a/w. Mihir Mondkar, Advocate for the Applicant.

Ms. Mahalaxmi Ganpathy, APP for the respondents-State.
                           ——————

                                    Coram :      MEHROZ K. PATHAN, J.,

                                    Date     :   AUGUST 6, 2026.

P. C. :

1.        Heard learned counsel for the Applicant, learned APP for the

Respondent-State and learned counsel for the Intervenor.

2.        The Applicant has approached this Court seeking bail in connection

with Crime No.422 of 2026, dated 30/05/2026, registered with Barshi

City Police Station, Solapur Rural, for the offence punishable under

Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short,

"BNS").

3.        The learned counsel Mr. Mane submits that the Applicant is falsely

implicated in the present crime and is alleged to have been working as a


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coach of the institute which had organized the summer camp for children

below the age of 17 years. The Applicant has been arraigned as an

accused only on the allegation that he had asked the children, including

deceased Arav @ Viren, to pull the manual iron roller over the pitch

before the cricket practice could commence. Learned counsel further

submits that the Applicant was neither a servant nor an employee of the

Barshi Taluka Cricket Association, Barshi, and was not responsible for

supervising the activity in which the deceased was engaged at the

relevant time. The Applicant was merely a volunteer coach assisting the

cricket camp out of his passion for promoting cricket and inculcating a

sporting spirit amongst the children attending the summer camp. It is

further submitted that the Applicant had neither the intention nor the

knowledge that such an act would result in the unfortunate death of the

deceased. The Applicant has deep roots in society, is not a flight risk and

is ready to abide by any condition that may be imposed by this Court.

Hence, the Applicant may be released on anticipatory bail.

4.    The learned APP, supported by the learned counsel for the

Intervenor, strongly opposed the application on the ground that the

Applicant, along with the other coach, was entrusted with the

responsibility of supervising the children participating in the summer

camp. It is submitted that the Applicant was fully aware that the


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participating children were minors and that directing them to manually

pull the iron roller involved an inherent risk. Despite such knowledge, the

Applicant directed the children to undertake the said activity, which

ultimately resulted in the unfortunate death of deceased Arav. The

investigation is still in progress and, considering the seriousness of the

allegations, the Applicant is not entitled to anticipatory bail.

5.    I have gone through the investigation papers made available by the

learned APP. A perusal thereof indicates that the investigation is

substantially complete. The statements of the parents of the children who

participated in the summer camp indicate that the unfortunate death of

deceased Arav occurred during the activity in which the children were

pulling the manual iron roller over the pitch. The statements of most of

the children disclose that they were asked to pull the iron roller only with

the intention of developing their physical strength and cricketing skills

and that none of the coaches intended that such an unfortunate incident

should occur. Whether the Applicant had directed the deceased boy to

pull the iron roller is not clear. Even if the allegations are taken to be

true, whether the same would be sufficient to constitute an offence

punishable under Section 105 of the Bharatiya Nyaya Sanhita is a matter

to be evaluated by the learned Trial Court upon appreciation of the

evidence that may be led by the prosecution.


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6.    It is true that the investigation papers prima facie indicate that the

Applicant was one of the coaches associated with the cricket camp and

was present at the relevant time. However, at this stage, the material

collected by the prosecution does not prima facie disclose any deliberate

intention or knowledge on the part of the Applicant that directing the

children to pull the manual iron roller was likely to cause the death of the

deceased. Whether the act attributed to the Applicant would ultimately

amount to culpable homicide punishable under Section 105 of the

Bharatiya Nyaya Sanhita or would constitute any lesser offence is a

matter which shall be determined by the learned Trial Court after

appreciation of the evidence during trial.

7.    The investigation papers further reveal that co-accused Santosh

Thombre has already been arrested and released on regular bail. The

executive members of the Association have also been granted anticipatory

bail. Significantly, the co-accused Akshay Arun Debadwar, against whom

allegations identical to those levelled against the present Applicant are

made, has also been granted anticipatory bail by this Court by order

dated 03.08.2026 passed in Criminal Anticipatory Bail Application

No.390 of 2026.

8.    The investigation appears to have substantially progressed and

nothing remains to be recovered from the present Applicant. Taking into


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consideration the nature of the allegations, the stage of investigation and

the principle of parity, I am of the opinion that the custodial interrogation

of the Applicant is no longer necessary.

9.    The apprehension expressed by the learned APP that the Applicant
may not co-operate with the investigation can be adequately taken care
of by imposing stringent conditions. Hence, I am inclined to pass the
following order:

                                      ORDER

(i)   The Application is allowed.

(ii) The Applicant – Vivek Gajendra Dugam, shall be releasedon regular

bail in connection with Crime No.422 of 2026, dated 30/05/2026,

registered with Barshi City Police Station, Solapur Rural, for the offence

punishable under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita,

2023 (for short, "BNS"), the Applicant shall be released on bail on

furnishing a P.R. Bond of Rs.50,000/- (Rupees Fifty Thousand only) with

one or two solvent sureties in the like amount, subject to the following

conditions:-

(A) The Applicant shall attend the concerned Police Station on every

Saturday and Monday between 11:00 a.m. and 2:00 p.m. till filing of the

charge-sheet and thereafter as and when called by the Investigating

Officer till framing of the charge.



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(B) The Applicant shall co-operate with the investigation.

(C) The Applicant shall not tamper with the prosecution evidence and

shall not influence the prosecution witnesses in any manner.

(D) The Applicant shall attend the dates before the learned Trial Court

regularly unless exempted by the learned Trial Court.

(E) The Applicant shall furnish copies of his Aadhaar Card and PAN Card

to the Investigating Officer and shall also furnish his detailed residential

address, mobile number and the names, addresses and mobile numbers

of two of his near relatives.

(F) The Applicant shall surrender his passport before the learned Trial

Court, if any.

(G) A single violation of any of the aforesaid conditions shall entitle the

prosecution to seek cancellation of the bail granted to the Applicant.

10.   In view of the aforesaid terms and conditions, the application is

allowed and stands disposed of accordingly.




                                              [MEHROZ K. PATHAN, J.]




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