Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 12670 (BOM)

SHIVAJI RAGHUNATH UGALE v. STATE OF MAHARASHTRA

BA/2944/2026 · 2026-09-30

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

69.BA.2944.2026.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. 2944 OF 2026 Shivaji Raghunath Ugale .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Arpit Mutha, Advocate for Applicant.  Mr. Yogesh M. Nakhwa, APP for Respondent – State. ......…........… CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 30, 2026. P.C.: 1. Heard Mr. Mutha, learned Advocate for Applicant and Mr. Nakhwa, learned APP for Respondent – State. 2. This is an Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in connection with C.R.No.16 of 2026 registered with Vani Police Station, District Nashik for offences punishable under Sections 189(2), 189(4), 190, 191(2), 191(3), 109(1), 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). The First Information Report is filed on 28.01.2026 and Applicant came to be arrested on 29.01.2026. 3. Applicant is arrested on 29.01.2026 in the present crime. The family of Applicant was incensed and upset in regard to the work which was undertaken by the injured victim and his family members in the agricultural field which probably appears to have affected their 1 of 4 69.BA.2944.2026.doc livelihood. Hence, in order to reason with the Complainant, the injured victim and his family members, rather the entire family of the Applicant proceeded to the agricultural field and had a quarrel. However, the verbal altercation that ensued there escalated into a physical altercation during which the Applicant inflicted two blows upon the injured victim thereby causing him grievous injuries. The certificate issued by the private medical hospital records the injury as grievous whereas the Government Hospital has opined that the injury is not grievous. 4. Be that as it may, the statements which are recorded prima facie show the motive of the crime to be the agricultural work undertaken in the field by the Complainant's family which deprived livelihood to Applicant's family. Applicant is 64 years old. The witness statements prima facie show the extent of the verbal altercation having taken place before the actual incident in question. 5. Applicant has already been incarcerated for almost 8 months. Considering the fact that there was no premeditated intention or motive to commit the crime with a weapon and the escalation of the verbal altercation into the fight, I am inclined to consider Applicant's case for grant of bail. 6. 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 69.BA.2944.2026.doc (i) Applicant – Shivaji Raghunath Ugale is directed to be immediately released from prison in connection with CR. No.16 of 2026; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Vani Police Station, once every month, on the first Sunday 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 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 enter the territorial jurisdiction of Vani Police Station till the conclusion of trial except 3 of 4 69.BA.2944.2026.doc attending the Court hearing; (vii) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (viii)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 (ix) Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 7. 7. 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. 8. 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: 2026.09.30 17:57:14 +0530