P.H. JAYANI 916 BA2398.2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2398 OF 2026 Mohankumar Rajkumar Verma …Applicant V/s. The State of Maharashtra …Respondent Mr. Rahul Gaikwad a/w. Mr. Shivaji Magal Mr. Ninad Pawar, Adv. Ruchi Ambetkar and Ms. Komal Singh for the Applicant. Mr. Vinit Kulkarni, APP for the Respondent - State. Mr. Dinkar Sanap, PSI, Wadala Police Station, present. CORAM: SHYAM C. CHANDAK, J. DATED : 22nd SEPTEMBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. Mr. Gaikwad, the learned Counsel for the Applicant tendered the arrest form. It is taken on record and marked as ‘X’. 2. Present application seeks release of the applicant on bail in Sessions Case No.1030 of 2025 pending before the learned Additional Sessions Judge, City Civil & Sessions Court, Gr. Mumbai arising out of Cr. No.94 of 2025 registered with Wadala Police Station, Mumbai for the offence punishable under Section 103 (1) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”) on the Report dated 17.04.2025 filed by Mr. Mohammad Saddam Ansari. 3. The prosecution case is that, on 16.04.2025, at about 11:30 p.m., the applicant, deceased-Salman Ansari and their friends namely Mohd. Alam and Shivkumar Yadav consumed Tadi at Shantinagar, Wadala. Thereafter Mohd. Alam and Shivkumar Yadav left. Soon thereafter, a quarrel occurred between the P.H. JAYANI 916 BA2398.2026.DOC deceased and Mohan Kumar and they were assaulting each other. Shivkumar saw two fighting. He, therefore, called the Mohd. Alam who rushed at the spot. At that time, deceased was lying on the floor and the applicant was pressing his neck. Mohd. Alam tried to rescue the deceased but he could not. The deceased died due to throttling. The post-mortem report supported the said fact. Therefore, the aforesaid crime came to be registered and the applicant was arrested. On completion of investigation, police submitted the charge-sheet. The trial Court declined to release the applicant on bail. Hence, this application. 4. Mr. Gaikwad, learned Counsel for the applicant submits that, the incident had occurred all of a sudden, on account of the deceased assaulted the applicant over head by means of a wooden rod. The applicant had no intention to kill the deceased. Consequently, the charge of Section 103 of BNS is not made out. Therefore, the applicant is entitled for bail. 5. Mr. Kulkarni, the learned APP stated that this is not a case of causing death while exercising right of private defence. The applicant had no other apparent reason to cause death of the deceased. In any case, he has exceeded his right of private defence by committing this crime. As such, there is a prima facie case against the applicant. 6. I have considered these submissions. Considering the statements of the eye witness – Mohd. Alam and Shivkumar Yadav, it appears that, the incident had occurred all of a sudden when the deceased and the applicant were involved in a quarrel and assaulting each other. The statement of Mohd. Alam mentions that at the time of the incident, he had seen an injury on the head of the applicant. Said fact is also mentioned in the arrest form. The P.H. JAYANI 916 BA2398.2026.DOC statement of the mother and brother of the deceased indicate that when the eye witnesses had informed them about the incident, they had told that the deceased had first assaulted the applicant by means of a stick (danda). It appears that, since the deceased had assaulted the applicant, it led to a fight between them. During the fight, they assaulted each-other. They both were drunk. Thus, prima facie it appears that the offence was committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the applicant having taken undue advantage or acted in a cruel or unusual manner. 7. In the wake of the above, I am inclined to release the Applicant on bail. Hence, the following Order :- (i) The applicant Mohankumar Rajkumar Verma be released on bail in Sessions Case No.1030 of 2025 pending before the learned Additional Sessions Judge, City Civil & Sessions Court, Gr. Mumbai arising out of Cr. No.94 of 2025 registered with Wadala Police Station, Mumbai for the offence punishable under Section 103(1) of BNS, on his executing P.R. Bond in the sum of Rs.1,00,000/- with one or two sureties in the like amount. (ii) The applicant shall mark his attendance at Wadala Police Station, Mumbai on 1st day of each calender month between 11:00 a.m. to 2:00 p.m. till conclusion of the trial. (iii) The applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing. Page 3 of 4 P.H. JAYANI 916 BA2398.2026.DOC (iv) The applicant shall not reside and enter within the Mumbai Police Commissionerate till conclusion of the trial, except to mark his attendance at Wadala Police Station, Mumbai and to attend before the trial Court. (v) The applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witnesses to prevent them from deposing against him. (vi) On being released from jail, the Applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change. (vii) It is clarified that any observation made in the present order are for the purpose of deciding the present Bail Application and should not influence the out come of the trial and also not be taken as an expression of opinion on the merits of the case. 8. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.09.24 20:13:00 +0530