SA_MANDAWGAD 909 BA 1364-26 AND 2156-26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1364 OF 2026 Saurav Ravi Chanda … Applicant V/S. State of Maharashtra … Respondent AND BAIL APPLICATION NO. 2156 OF 2026 Krushna Virendra Singh … Applicant V/S. State of Maharashtra … Respondent Mr. Veerdhawal Deshmukh, for the Applicants. Ms. K.T. Hiwrale, APP for Respondent–State in BA/1364/2026. Ms. Veera Shinde, APP for Respondent-State in BA/2156/2026. Mr.L.P.Bade, Kalyan Taluka PS, Thane, present. CORAM: SHYAM C. CHANDAK, J. DATED : 1st OCTOBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. Ms. Shinde, learned APP, tenders post mortem notes. It is taken on record. 3. The applicants seek their release on bail in connection with C.R. No. 143 of 2025, registered with Kalyan Taluka Police Station, Thane, for the offence punishable under Sections 103(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”), on the report dated 17.03.2025 lodged by Shreeti Upadhyay-informant. 4. The prosecution case is that, on 14.03.2025 between 13:30 hours and 17:00 hours, at Maharaj Lawns, Kalyan, the applicants, co-accused Manish Chotramani and the deceased were playing SANJAY ASARAM MANDAWGAD Digitally signed by SANJAY ASARAM MANDAWGAD Date: 2026.10.03 16:58:49 +0530 SA_MANDAWGAD 909 BA 1364-26 AND 2156-26.DOC ‘Holi’ with water. At that time, the applicants caught hold of the deceased and co-accused Manish Chotramani inserted a plastic pipe into the anus of the deceased and infused water. The deceased suffered grievous injury to the anus and, his large intestine ruptured. However, the accused persons left the deceased at the spot in that dying condition and, without arranging for his medical. As a result, the deceased succumbed to the injuries. Therefore, aforesaid crime came was registered and, the accused persons came to be arrested. Investigation revealed that with an intention to commit the murder of the deceased, the accused persons administered liquor to the deceased and infused water in his body through the anus. Accordingly, the accused stood charge- sheeted. The trial Court refused to release the applicants on bail. 5. Ms. Hiwrale, the learned APP submitted that there is prima facie case against the applicants of having committed the alleged offence. Because, first, the accused persons caused the deceased to consume liquor and then they committed his murder by infusing water in his body. Therefore, bail may be refused. 6. However, I have noticed that there was no prior enmity between the accused persons on one hand and the deceased on the other. On the contrary, just before the incident, the four had consumed liquor and then went to play ‘Holi’ splashing water on each other. Meanwhile, the accused persons infused water in the body of the deceased through his anus and consequently, he suffered the said injuries leading to his death. Considering these facts, it appears that, while doing the said act with the deceased, the applicants and accused Manish Chotramani did not realise that said act may lead to the death of the deceased. Therefore, SA_MANDAWGAD 909 BA 1364-26 AND 2156-26.DOC prima facie it cannot be concluded that all the accused persons with an intention to cause the death of the deceased administered him liquor, infused water in his body through his anus and caused him the said injuries. However, the material on record clearly indicate that the accused knew that their said act may cause serious injuries to the deceased and cause his death, therefore, the accused may be guilty of the offence of Section 105 of BNS. The applicants are in jail since last 18 months. The trial is not likely to conclude in a foreseeable future. The applicants are not likely to abscond and tamper with the prosecution evidence. 7. In the wake of above, I am inclined to release the applicants on bail. Hence, following Order: (i) The applicants, Saurav Ravi Chanda and Krushna Virendra Singh, be released on bail in connection with C.R. No. 143 of 2025, registered with Kalyan Taluka Police Station, Thane, on each of them executing a P.R. Bond in the sum of Rs.50,000/- each, with one or two sureties in the like amount. (ii) The applicants shall mark their attendance at Kalyan Railway Police Station, Kalyan, on 1st day of a month, every two months, between 11:00 a.m. to 2:00 p.m., till conclusion of the trial. (iii) The applicants shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing. SA_MANDAWGAD 909 BA 1364-26 AND 2156-26.DOC (iv) The applicants shall not tamper with the prosecution evidence and shall not directly or indirectly influence the prosecution witnesses to prevent them from deposing against him. (v) On being released from jail, the applicants shall furnish their contact number and residential address to the Investigating Officer and shall keep him updated in case there is any change. (vi) The applicants shall not indulge in identical activities for which they have been arraigned in this case. (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 outcome 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.)