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Bombay High Court

RAHUL VILAS JAGTAP AND ORS.versusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Allowed

Holding

The Court allowed bail, finding that the incident appears prima facie accidental and that continued detention is not justified.

Summary

The applicants were arrested in connection with a fatal accident that occurred while the deceased was taking measurements inside a well being excavated by the accused. The prosecution alleged negligence in permitting the deceased to enter the well, while the defence argued that the deceased was experienced and the incident was a mere accident. The trial court had denied bail, but the High Court noted that the FIR suggested a prima facie accidental death and that no charge sheet had yet been filed. Considering the lack of evidence of culpable negligence and the prolonged pre‑trial detention, the Court held that continued incarceration was unwarranted. Accordingly, the bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was allowed subject to a bond and standard conditions.

Issues considered

  • Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case where the alleged offence stems from an accidental death.
  • Whether the facts disclosed in the FIR indicate culpable negligence justifying denial of bail.
  • Whether the absence of a charge sheet and the duration of pre‑trial detention warrant the release of the accused on bail.

Legislation cited

Subjects

  • bail
  • accidental death
  • negligence
  • pre‑trial detention
  • Section 483
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita
  • criminal procedure

Judgment

                                                            910-BA-741-2026.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR
                  CRIMINAL APPELLATE JURISDICTION
                  BAIL APPLICATION NO. 741 OF 2026
Rahul Vilas Jagtap And Ors.                               ...Applicant
         Versus.
The State of Maharashtra And Anr.                         ...Respondents
                                       -----
Mr. Onkar Bajaj a/w Shankar Katkar, Vishwajeet Bagal i/b Ismail
Kadage, Advocate for the Applicants.
Mr. S. H. Yadav, APP for the Respondent – State.
PC Somanth Narayan Gawade, Karmala Police Station, is present.
                                  -------
                                 CORAM :       ASHWIN D. BHOBE, J.
                                  DATE :       9th September, 2026.
P.C. :


1.       Heard, Mr. Onkar Bajaj, learned Advocate for the Applicants and

Mr. S. H. Yadav, learned APP for the Respondent Nos. 1 and 2.



2.       By this Application filed under Section 483 of the Bharatiya

Nagarik Suraksha Sanhita, 2023, the Applicants are seeking bail in

connection with C.R. No. 580 of 2026 registered with Karmala Police

Station for the offences punishable under Sections 105, 351(2), 352,

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



3.       Mr. Onkar Bajaj, learned Advocate for the Applicants, states that

there are five (5) Accused in C.R. No. 580 of 2026. Applicant No. 1 is

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Accused No. 1, Applicant No. 2 is Accused No. 2 and Applicant No. 3 is

Accused No. 4 in C.R. No. 580 of 2026.



4.      In brief, the prosecution case is that Applicant No. 2 owns a

Hydra machine used for excavation. Applicant No. 1 is the cousin of

Applicant No. 2, whereas Applicant No. 4 is the employee of Applicant

No. 2. Nagnath Rakate (“deceased”) had engaged the services of

Applicant No. 2 for digging two wells. The amount in respect of the said

contract was payable by the deceased to Applicant No. 2. On

22.06.2026, the deceased, the Applicants, and the other two Accused

were at the site where the wells were dug. The deceased, along with the

employee of Applicant No. 2, namely, Bapurao Jalinder Shinde, entered

the well to take measurements of the work so as to make the payments.

At this point, debris fell on the deceased, resulting in his death. The

Bapurao Jalinder Shinde was fortunate to survive the said incident.



5.      The Applicants were arrested on 25.06.2026. Bail Application No.

533 of 2026, filed by the Applicants was rejected by the Additional

Session Judge Barshi (Trial Court), on 18.07.2026.



6.      Mr. Onkar Bajaj, learned Advocate for the Applicants submits that

the Deceased was well-trained in taking measurements as he was


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involved in the said business. He submits that the deceased took due

care while entering the well to take measurements so that the payments

due to Applicant No. 2 could be made. He submits that the incident of

22.06.2026, was a mere accident which resulted in the death of the

deceased.



7.      Mr. S. H. Yadav, learned APP for the Respondents – State,

submits that although the deceased died due to the fall of debris/part of

the wall constructed for the well, the Applicants did not exercise proper

and due care while permitting the deceased to enter the well.



8.      Perused the records with the assistance of the learned Advocates.



9.      Perusal of the FIR indicates that the deceased had engaged the

Applicants to dig the wells. On 22.06.2026, the deceased, along with

Bapurao Jalinder Shinde (employee of the Accused No. 2), entered the

well to take measurements to settle the payment due to Applicant No. 2.

As submitted by Mr. Onkar Bajaj, learned Advocate for the Applicants,

the amounts were due and payable by the deceased to the Applicants,

for which the measurements were being taken.



10.     Mr. Onkar Bajaj, learned Advocate for the Applicants submitted

that the deceased, being familiar with such work, had taken the due
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precautions. Though the deceased did not survive the fall of debris, the

employee of Applicant No. 2 (Bapurao Jalinder Shinde) was fortunate

enough to survive.



11.     Considering the circumstances and the allegations in the FIR, the

incident appears, prima facie, to be an accident. Whether proper and

due care was taken while entering the well would be a matter for trial.



12.     The Applicants have been in jail since 25.06.2026. The

investigation is ongoing      and the charge sheet is yet to be filed.

Considering the aforesaid facts and circumstances of the case, the

continued detention of the Applicants is not warranted.



13.     This Application is therefore allowed on the following terms :-



           (a) The Applicants are directed to be released on Bail

           in connection with Crime No. 580 of 2026, registered

           with Karmala Police Station, upon each Applicant

           furnishing a P.R. Bond in the sum of Rs. 50,000/-

           (Rupees Fifty Thousand only) with one or two sureties

           in the like amount, to the satisfaction of the

           Investigating   Officer   at   Karmala   Police   Station,

           Solapur.
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                                (b)          The Applicants shall not, directly or

                                indirectly, make any inducement, threat or promise to

                                any person acquainted with the facts of the case to

                                dissuade that person from disclosing those facts to the

                                Court or any police officer. The Applicants shall not

                                tamper with evidence in any manner.



                                (c)          The    Applicants    shall     provide       the

                                Investigating   Officer   at   Karmala    Police   Station,

                                Solapur, with their residential address and proof

                                thereof, their contact number, and must inform the

                                Investigating   Officer   at   Karmala    Police   Station,

                                Solapur, of any changes to this information from time

                                to time.



                                (d)   The Applicants shall report to the Investigating

                                Officer, Karmala Police Station, Solapur, as and when

                                required by the Investigating Officer and co-operate

                                with the investigation in Crime No. 580 of 2026.



                     14.     Bail Application No. 741 of 2026 is disposed of.



                                                                         (ASHWIN D. BHOBE, J.)
        Digitally
        signed by
        ARJUN        Arjun                                5
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.09.09
        22:10:23
        +0530


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