17-BA-697-2026 (CR).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 697 OF 2026 Vivek Gajendra Dugan ...Applicant Versus The State Of Maharashtra And Another ...Respondents —————— Mr. Jaydeep Mane a/w. Mihir Mondkar, Advocate for the Applicant. Ms. Mahalaxmi Ganpathy, APP for the respondents-State. —————— Coram : MEHROZ K. PATHAN, J., Date : AUGUST 6, 2026. P. C. : 1. Heard learned counsel for the Applicant, learned APP for the Respondent-State and learned counsel for the Intervenor. 2. The Applicant has approached this Court seeking bail in connection with Crime No.422 of 2026, dated 30/05/2026, registered with Barshi City Police Station, Solapur Rural, for the offence punishable under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, "BNS"). 3. The learned counsel Mr. Mane submits that the Applicant is falsely implicated in the present crime and is alleged to have been working as a adn 1 of 6 17-BA-697-2026 (CR).doc coach of the institute which had organized the summer camp for children below the age of 17 years. The Applicant has been arraigned as an accused only on the allegation that he had asked the children, including deceased Arav @ Viren, to pull the manual iron roller over the pitch before the cricket practice could commence. Learned counsel further submits that the Applicant was neither a servant nor an employee of the Barshi Taluka Cricket Association, Barshi, and was not responsible for supervising the activity in which the deceased was engaged at the relevant time. The Applicant was merely a volunteer coach assisting the cricket camp out of his passion for promoting cricket and inculcating a sporting spirit amongst the children attending the summer camp. It is further submitted that the Applicant had neither the intention nor the knowledge that such an act would result in the unfortunate death of the deceased. The Applicant has deep roots in society, is not a flight risk and is ready to abide by any condition that may be imposed by this Court. Hence, the Applicant may be released on anticipatory bail. 4. The learned APP, supported by the learned counsel for the Intervenor, strongly opposed the application on the ground that the Applicant, along with the other coach, was entrusted with the responsibility of supervising the children participating in the summer camp. It is submitted that the Applicant was fully aware that the adn 2 of 6 17-BA-697-2026 (CR).doc participating children were minors and that directing them to manually pull the iron roller involved an inherent risk. Despite such knowledge, the Applicant directed the children to undertake the said activity, which ultimately resulted in the unfortunate death of deceased Arav. The investigation is still in progress and, considering the seriousness of the allegations, the Applicant is not entitled to anticipatory bail. 5. I have gone through the investigation papers made available by the learned APP. A perusal thereof indicates that the investigation is substantially complete. The statements of the parents of the children who participated in the summer camp indicate that the unfortunate death of deceased Arav occurred during the activity in which the children were pulling the manual iron roller over the pitch. The statements of most of the children disclose that they were asked to pull the iron roller only with the intention of developing their physical strength and cricketing skills and that none of the coaches intended that such an unfortunate incident should occur. Whether the Applicant had directed the deceased boy to pull the iron roller is not clear. Even if the allegations are taken to be true, whether the same would be sufficient to constitute an offence punishable under Section 105 of the Bharatiya Nyaya Sanhita is a matter to be evaluated by the learned Trial Court upon appreciation of the evidence that may be led by the prosecution. adn 3 of 6 17-BA-697-2026 (CR).doc 6. It is true that the investigation papers prima facie indicate that the Applicant was one of the coaches associated with the cricket camp and was present at the relevant time. However, at this stage, the material collected by the prosecution does not prima facie disclose any deliberate intention or knowledge on the part of the Applicant that directing the children to pull the manual iron roller was likely to cause the death of the deceased. Whether the act attributed to the Applicant would ultimately amount to culpable homicide punishable under Section 105 of the Bharatiya Nyaya Sanhita or would constitute any lesser offence is a matter which shall be determined by the learned Trial Court after appreciation of the evidence during trial. 7. The investigation papers further reveal that co-accused Santosh Thombre has already been arrested and released on regular bail. The executive members of the Association have also been granted anticipatory bail. Significantly, the co-accused Akshay Arun Debadwar, against whom allegations identical to those levelled against the present Applicant are made, has also been granted anticipatory bail by this Court by order dated 03.08.2026 passed in Criminal Anticipatory Bail Application No.390 of 2026. 8. The investigation appears to have substantially progressed and nothing remains to be recovered from the present Applicant. Taking into adn 4 of 6 17-BA-697-2026 (CR).doc consideration the nature of the allegations, the stage of investigation and the principle of parity, I am of the opinion that the custodial interrogation of the Applicant is no longer necessary. 9. The apprehension expressed by the learned APP that the Applicant may not co-operate with the investigation can be adequately taken care of by imposing stringent conditions. Hence, I am inclined to pass the following order: ORDER (i) The Application is allowed. (ii) The Applicant – Vivek Gajendra Dugam, shall be releasedon regular bail in connection with Crime No.422 of 2026, dated 30/05/2026, registered with Barshi City Police Station, Solapur Rural, for the offence punishable under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, "BNS"), the Applicant shall be released on bail on furnishing a P.R. Bond of Rs.50,000/- (Rupees Fifty Thousand only) with one or two solvent sureties in the like amount, subject to the following conditions:- (A) The Applicant shall attend the concerned Police Station on every Saturday and Monday between 11:00 a.m. and 2:00 p.m. till filing of the charge-sheet and thereafter as and when called by the Investigating Officer till framing of the charge. adn 5 of 6 17-BA-697-2026 (CR).doc (B) The Applicant shall co-operate with the investigation. (C) The Applicant shall not tamper with the prosecution evidence and shall not influence the prosecution witnesses in any manner. (D) The Applicant shall attend the dates before the learned Trial Court regularly unless exempted by the learned Trial Court. (E) The Applicant shall furnish copies of his Aadhaar Card and PAN Card to the Investigating Officer and shall also furnish his detailed residential address, mobile number and the names, addresses and mobile numbers of two of his near relatives. (F) The Applicant shall surrender his passport before the learned Trial Court, if any. (G) A single violation of any of the aforesaid conditions shall entitle the prosecution to seek cancellation of the bail granted to the Applicant. 10. In view of the aforesaid terms and conditions, the application is allowed and stands disposed of accordingly. [MEHROZ K. PATHAN, J.] adn 6 of 6