Bombay High Court
SURESH NAIK @ BOOKY PRESENTLY LODGED IN JUDICIAL CUSTODYversusSTATE OF GOA THR PUBLIC PROSECUTOR AND ANR
- Disposal
- Allowed
Holding
The Court allowed the bail application, granting regular bail with conditions.
Summary
The High Court considered the bail application of Suresh Naik, who is in judicial custody for offences under the Bharatiya Nyaya Sanhita 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989. The investigation, based on a tip and CCTV footage, linked the accused to an assault on Rama Kankonkar, but the charge sheet has not yet been framed and the trial is pending. The applicant argued that no specific role was attributed to him, the victim’s injuries were simple, and he had been detained for over a year, violating his right to a speedy trial. The prosecution pointed to the applicant’s presence in the CCTV and identification parade but conceded that the charge is not yet framed. Balancing the lack of concrete evidence of a murderous intent, the absence of a conviction, and the prolonged detention, the Court granted regular bail with strict conditions.
Issues considered
- The applicant’s right to bail despite the seriousness of the offences alleged under BNS and the SC/ST Act.
- Whether the presence of the accused in CCTV footage and identification parade justifies denial of bail.
- Whether the one‑year pre‑trial detention violates the right to a speedy trial warranting bail.
- Whether prior criminal antecedents without conviction can be a ground to refuse bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 111, 126(1), 238, 3(5), 351(3), 61
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(a), 3(1)(r), 3(1)(s), 3(2)(v)
Subjects
- bail
- under‑trial detention
- right to speedy trial
- Bharatiya Nyaya Sanhita
- SC/ST Act
- criminal antecedents
- CCTV evidence
- identification parade
Judgment
Andreza
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL APPLICATION (BAIL) NO. 30 OF 2026
Suresh Naik @ Booky, Presently lodged … Applicant
in Judicial Custody
Versus
State of Goa thr Public Prosecutor & anr. ...Respondents
Mr. S. D. Lotlikar, Senior Advocate with Mr. Shivam Fadte and
Mr. Terrence Sequeira, Advocates for Applicant.
Ms. Swati Kamat Wagh, Additional Public Prosecutor for
Respondent Nos. 1 and 2-State.
Mr. Shane Gomes, Advocate with Mr. Samuel Abraham,
Advocate for Victim.
CORAM : S. G. CHAPALGAONKAR, J.
DATE : 24th SEPTEMBER 2026
ORDER
1. The Applicant seeks regular bail in connection with Crime No.
125 of 2025, registered with Panaji Police Station for offences
punishable under Sections 126(1), 109, 351(3), 238, 111 and 3(5) read
with Section 61 of Bharatiya Nyaya Sanhita 2023 (‘BNS’) and Sections
3(1)(a), 3(1)(r), 3(1)(s) and 3(2)(v) of Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act 1989.
2. The investigation was set on motion on the basis of the
information given by one Soiru Velip @ Molu, alleging that on
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18.09.2025 at around 12.55 hours, unknown accused persons with their
common object, wrongfully restrained the victim namely Rama
Kankonkar and assaulted him with deadly weapons thereby attempting
to commit his murder and threatened him dire consequences by
showing knife. The aforesaid information was culminated into
registration of Crime No. 125 of 2025 dated 18.09.2025, for offence
punishable under Section 126(2), 109 and 351(3) read with Section 61
of BNS.
3. During course of investigation, a panchanama was drawn. The
statements of witnesses were recorded. CCTV footage was connected
and identity of accused persons was established. The Applicant has
been arrested on 19.09.2025 and since then he is behind bars. On
completion of investigation, chargesheet has been filed. At present, the
Special Criminal Case No. (ST/SC)/3/2025 is pending trial before
Sessions Judge, North Goa. The Applicant moved application for bail
before the Sessions Court. The Sessions Court vide Order 12.06.2026,
rejected the application.
4. Mr. Lotlikar, learned Senior Advocate appearing for Applicant,
submitted that no specific role has been attributed against the
Applicant in commission of offence. The injuries suffered by the victim
are simple in nature and there is nothing to draw inference that
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24th September 2026
accused persons had intention to kill the victim. The Applicant is
behind bars for more than one year. The trial is not likely to commence
in recent future. The charge is yet to be framed. The interest of
prosecution can be protected by imposing necessary conditions.
5. Per contra, Ms. Swati Kamat Wagh, learned Additional Public
Prosecutor, vehemently opposed application. A perusal of investigation
papers suggests that presence of Applicant at the spot of incident is
discernible from CCTV footage and identification parade.
6. A perusal of the injury certificate of victim suggests he suffered
grievous injuries, but X-ray reports are normal. No deadly weapon
appears to have been used in commission of crime. Since till date
charge is not framed, there is no possibility of commencement and
conclusion of trail in recent future. The Applicant cannot be detained
as under trial prisoner any more looking to the nature of injuries
suffered by the victim and role attributed to him. The Applicant is
languishing behind bars for more than one year. The incarceration of
under trial accused for indefinite period in violation of right to speedy
trial, requires consideration in facts of present case. Hence, case is
made out to grant bail.
7. Although criminal antecedents of applicant are brought on
record, he is not convicted for any of the offence. Further, having
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24th September 2026
regard to the nature of role attributed to Applicant in commission of
offence and nature of injuries sustained by the victim, bail cannot be
refused only looking to alleged criminal antecedents.
8. In result, bail application is allowed. Hence, the following
Order:
i) The Applicant be enlarged on bail, on executing PR
Bond in the sum of Rs.1,00,000/ with one or two local
sureties in the like amount.
ii) The Applicant shall attend each and every date before
Trial Court unless specifically exempted;
iii) The Applicant shall not tamper or attempt to
influence or contact the victim, witnesses or any person
concerned with the case;
iv) If the Applicant is a holder of passport, he shall
deposit the same, if not already deposited, with the
Police Station concerned;
v) The Applicant shall not leave India, without the
permission of concerned Police Station;
vi) 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 Investigating Officer of
the Police Station concerned;
vii) Any infraction of the aforesaid conditions shall
entail cancellation of bail.
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9. Application is allowed in above terms and is accordingly disposed
of.
10. It is made clear that observations made herein are prima facie
and are confined to this Application.
S. G. CHAPALGAONKAR, J.
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24th September 2026
Signed by: ANDREZA PEREIRA
Designation: Senior Private Secretary
to the Hon'ble Judge
Date: 28/09/2026 10:30:44
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