Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 10449 (BOM)

GOVIND SUBHASH NISAL v. STATE OF MAHARASHTRA

BA/3592/2026 · 2026-09-23

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

19.BA.3592.2026.doc HARSHADA H. SAWANT (P.A.) 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.3592 OF 2026 Govind Subhash Nisal .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Aniket Vagal a/w. Ms. Juhi Kadu and Ms. Savvy Kolhekar, Advocates for Applicant.  Mr. Amit A. Palkar, APP for Respondent.  IO – API – Sudhir Patil and Officer - API – Kalpesh Dabhade, Mumbai Naka Police Station, Nashik City. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 23, 2026 P.C. : 1. Heard Mr. Vagal, learned Advocate for Applicant and Mr. Palkar, learned APP for Respondent. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.365 of 2024 registered with Mumbai Naka, Nashik City for offences punishable under Sections 103(1), 189(2), 189(4), 191(2), 191(3), 190, 352 and 324(4) of the Bharatiya Nyaya Sanhita, 2023; Sections 4/25 of the Arms Act, 1959 and Section 135 of the Maharashtra Police Act, 1951. 3. The Applicant in the present crime has been indicted for the charge of unlawful assembly and assaulting the victim. However the 1 of 4 19.BA.3592.2026.doc principal protagonist in the present case are all other co-accused persons. In the First Information Report, Applicant has not been identified but some 3 – 4 unknown persons alongwith principal Accused persons were seen to have assaulted the victim. The eye witness account during the Test-Identification Parade recognises the presence of Applicant as one of the person. A specific role has been attributed to the Applicant by the said eye witness to the extent of Applicant having used a stone to hit the victim. Another eye witness account however states that the Applicant had inflicted kick and fist blows on the victim. 4. However, Mr. Vagal would persuade the Court to consider the issue on the grounds of arrest. Applicant has no antecedents and he is a young offender of 23 years old, married and having one and half year old child. Applicant has already suffered incarceration for a period of 1 year 9 months. 5. Considering the role attributed to Applicant, Applicant is directed to be released on bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. 365 of 2024; (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 surety / sureties of the 2 of 4 19.BA.3592.2026.doc like amount; (iii) Applicant shall report to the Investigating Officer at the concerned 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 co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (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; (vii) Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of 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 3 of 4 19.BA.3592.2026.doc 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 of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 4 of 4 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.23 19:48:43 +0530