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2026 DAILYLAW 10043 (BOM)

PRATAP @PRATAPSING DAINGADE v. THE STATE OF MAHARASHTRA

BA/3560/2026 · 2026-09-21

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

48.BA.3560.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3560 OF 2026 Pratap @ Pratpsing Bharatrao Daingade .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Rahul Thakur, Advocate for Applicant.  Ms. Sangeeta E. Phad, APP for Respondent – State. ......…........... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 21, 2026. P.C.: 1. Heard Mr. Thakur, learned Advocate for Applicant and Ms. Phad, learned APP for Respondent – State. 2. This is an Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking regular bail in connection with C.R.No.815 of 2025 registered with Yerwada Police Station, District Pune for the offences punishable under Sections 105, 281 and 125(b) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Sections 184, 185 and 119 read with Section 177 of the Motor Vehicles Act, 1988. 3. Applicant is arraigned as accused in the aforesaid crime. He is incarcerated in prison for the past more than 9 months having been arrested on 30.11.2025. Case of the prosecution is that Applicant is 1 of 4 48.BA.3560.2026.doc involved in a motor car accident and after he came out from the hotel, he started his car, but as he was driving out of the hotel premises while driving out, he hit the valet table and the valet who was working behind the counter sustained injuries to which he succumbed later. Crime was registered with the police station. Applicant was arrested on the same day. 4. Prima facie, it is seen that there is no mens rea or any premeditated notion or motive for committing the crime in question. As such, there was no intention to cause the said accident. Applicant is a single father of a young girl and his mother is a cancer patient. The aforesaid facts have been duly corroborated and confirmed by the prosecution. The statement of the mother of the Applicant dated 18.09.2026 is placed before me. Applicant is the sole surviving person to take care of the treatment of his mother as also his young daughter and is their only source of livelihood. Investigation has been completed. No further custodial interrogation of Applicant is required nor is continuous incarceration in jail required. In view of the aforesaid submissions recorded which are duly corroborated on record, Applicant has made out a case for grant of bail. 5. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the following terms and conditions:- 2 of 4 48.BA.3560.2026.doc (i) Applicant – Pratap @ Pratapsinh Bharatrao Daingade is directed to be immediately released from prison in connection with CR. No.815 of 2025; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.15,000/- (Rs. Fifteen Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Yerwada Police Station, once every month, on the first Monday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; 3 of 4 48.BA.3560.2026.doc (vii) Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 6. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 7. Bail Application is allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay 4 of 4 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.09.21 15:37:56 +0530