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2026 DAILYLAW 11978 (BOM)

ROHIT @ BHURYA SIDDHARTH KAMBLE v. STATE OF MAHARASHTRA

BA/3650/2026 · 2026-09-29

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Judgment text

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14. BA 3650-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3650 OF 2026 Rohit alias Bhurya Siddharth Kamble .Applicant Vs. The State of Maharashtra .Respondent Mr. Tanmay Kate i/b. Mr. V. V. Dushing, Advocates, for the Applicant Ms. Anuja S. Gotad, APP, for the Respondent – State CORAM : MILIND N. JADHAV, J. DATE : 29.09.2026 P. C. 1. Heard Mr. Kate, learned Counsel for the Applicant and Ms. Gotad, learned APP for the Respondent – State. 2. This Application is filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with C.R.No. 543 of 2025 registered with Sant Tukaram Nagar Police Station, Pimpri Chinchwad, Pune for offences punishable under Sections 109(1), 352, 351(2), 351(3), 3(5) & 324(4) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”). 3. The Applicant is a young offender. The incident occurred on 24.11.2025 at 10.30 p. m. in the night, where a group of boys were confronted by the Applicant because they had slapped one of the Anand 1 of 5 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.29 20:38:12 +0530 14. BA 3650-2026.doc Applicant’s friend, who was a minor and juvenile. The Applicant went to reason out with them and in the skirmish had slapped the injured victim which led to a confrontation and a free for all fight between both the groups. Hearing the commotion, 3-4 other persons, who were friends of the Complainant also entered into the fight. Some of the persons were below 18 years of age. The FIR has been lodged two days later. The Medical Certificate of the Applicant having been treated for an injury over his right leg is appended at page No.91. 4. Considering that there was no pre-meditation whatsoever in the incident in question having been planned by the Applicant, as it happened on the spur of the moment in view of the Applicant having approached the injured victim and questioned him about his conduct, I am inclined to consider the case of the Applicant for grant of bail. Insofar as the injury that occurred, it is seen that there is no specific weapon involved and prosecution case is based on either side having used glass pieces, keys & scooter keys during the fist fight which occurred. In the said fight, the Activa Scooter of the injured victim was also damaged which enraged the victim and his friends which led to the confrontation. In view of the aforesaid facts, there is specific motive ascribed and no pre-mediation plan to commit the crime, and hence, considering the age of the Applicant, I am inclined to accept the case Anand 2 of 5 14. BA 3650-2026.doc for bail. 5. Hence, in view of above prima facie observations and finding, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Rohit alias Bhurya Siddharth Kamble is directed to be immediately released from prison in connection with CR. No. 543 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 of the like amount; (iii) Applicant shall report to the Investigating Officer at Sant Tukaram Nagar Police Station, Pimpri Chinchwad, Pune, once every month, on the first Monday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicant shall co-operate 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 Anand 3 of 5 14. BA 3650-2026.doc 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; (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. Anand 4 of 5 14. BA 3650-2026.doc 7. Bail Application is allowed and disposed in the above terms. (MILIND N. JADHAV, J.) Anand 5 of 5