SAIRAJ GOVEKARversusTHE STATE OF GOA THR PUBLIC PROSECUTOR AND 2 ORS

Andreza


             IN THE HIGH COURT OF BOMBAY AT GOA
          CRIMINAL APPLICATION (BAIL) NO. 51 OF 2026

Sairaj Govekar                                     … Applicant

                   Versus
State of Goa thr Public Prosecutor & Ors.          ...Respondents

Mr. Shivam Fadte, Advocate for Applicant.

Ms. Swati Kamat Wagh, Additional Public Prosecutor for Respondent
Nos. 1 and 2-State.


              CORAM :            S. G. CHAPALGAONKAR, J.

                 DATE :          30th 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

18.09.2025 at around 12.55 hours, unknown accused persons with their

common object, wrongfully restrained the victim namely Rama

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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. Fadte, learned 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 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


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                            30thSeptember 2026
charge is yet to be framed. The interest of prosecution can be protected

by imposing necessary conditions. Mr. Fadte further submits that this

court has already granted bail to Accused No.1 and on account of parity,

applicant also demands enlargement on bail.


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. As per intel

received by investigation team, they visited Mapusa and applicant was

apprehended therein. Upon investigation, it was disclosed that he along

with one another had assisted the accused persons. The Scooter used

in commission of offence was parked at residence of applicant and

mobile phones of applicant and Suresh Naik (accused no.1) were kept

in dicky of scooter.


6.    A perusal of the injury certificate of victim suggests he suffered

grievous injuries, but X-ray reports are normal.       Applicant is not

alleged any role in assault to victim. His presence with other accused is

not discernible from investigation papers. 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


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                              30thSeptember 2026
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, there is nothing to show that he is convicted for any of the

offence.    Further, having 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 to the satisfaction of
           concerned Police Station;

           ii) The Applicant shall also 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



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                               30thSeptember 2026
                                            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.

                                 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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                                                                  30thSeptember 2026


Signed by: ANDREZA PEREIRA
Designation: Senior Private Secretary
to the Hon'ble Judge
Date: 01/10/2026 10:36:50