BA.3217.2026.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. 3217 OF 2026 Rohit Santosh Bhalshankar .. Applicant Versus State of Maharashtra .. Respondent ....................  Priyal G. Sarda a/w. Seema S. Dighe and Abhishek Jare. Advocates for Applicant.  Yogesh M. Nakhwa. APP for Respondent – State. ......…........... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 17, 2026 P.C.: 1. Heard Mr. Sarda learned Advocate for Applicant and Mr. Nakhwa learned APP for Respondent – State. 2. The Applicant is Accused No.3 in CR No.35 of 2026 registered in Bibwewadi Police Station, Pune for offenses punishable under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 along with 2 other accused persons. 3. Prosecution case is that on 19.02.2026 between 12 noon and 12:30 p.m. deceased victim Mohammed Shami Firoz Qureshi was confronted by Accused Nos.1, 2 and 3 in his barber shop on the pretext of him luring and calling the customers of Accused No.1. Prior thereto, deceased victim was working in the barber shop of Accused No.1 but 1 of 5 BA.3217.2026.doc later on established his own barber shop. Due to the animosity, Accused No.1 had a heated argument with the deceased victim and slapped him on his face. The deceased victim retaliated by slapping the Accused No.1 in return. Accused Nos.2 and 3 who were accompanying the Accused No.1 intervened and inflicted fist and kick blows on the deceased victim. The landlord of the barber shop which belonged to the deceased also intervened and attempted to pacify the parties. 4. The entire incident lasted for about one hour during which the Applicant is accused of participating in the beating of the deceased victim by fist and kick blows along with other co - accused. Eventually the victim received several injuries and on admission to the hospital was declared dead. Medical evidence is prima facie incomplete and inconclusive as to whether the cause of death was due to the assault or otherwise. 5. Prosecution case is based upon the First Informant’s Report filed by the brother of the deceased who was present throughout the incident in the shop. His statement is appended at page No.22. Prosecution has also relied upon the statement of the landlord of the barber shop of the deceased who had intervened. His statement is appended at page No.72 which is recorded on the following day. Both of them are eyewitnesses to the incident, however there is material difference between what both of them have stated. The only 2 of 5 BA.3217.2026.doc commonality is that the fight had erupted between the erstwhile employer (Accused No.1) of the deceased victim and the deceased. 6. During the quarrel a huge crowd had gathered outside the barber shop. The specific role attributed to the Applicant who is arraigned as Accused No.3 is of inflicting fist blows and kicks on the deceased. Prima facie from the record it is borne out that there is no premeditation for committing the offence, no weapon was used, no intention was either there to commit murder and the motive is ascribed and directed only to the Accused No.1 and not to the Applicant. Applicant does not have any criminal antecedents either and is 24 years old. 7. In view of the above Mr. Sarda has made out a case for grant of bail for the Applicant in view of the role attributed as also no intention on his part to commit the offence. 8. Hence, Bail Application is allowed subject to the following terms and conditions:- (i) Applicant is directed to be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount; (ii) Applicant is permitted to furnish provisional cash bail of Rs.25,000/- for his release immediately and file undertaking 3 of 5 BA.3217.2026.doc that he will provide one or two sureties in the like amount of Rs.25,000/- within a period of four weeks after his release which shall be accepted by the Trial Court. Applicant shall provide sureties as directed; (iii) Before his actual release from jail, Applicant shall furnish his address where he proposes to reside after his release from jail to the concerned Police Station and also to the trial Court; (iv) After his release from jail, Applicant shall report to the Investigating Officer as and when called for; (v) Applicant shall attend the trial Court on first Tuesday of every month between 11.00 a.m. and 1.00 p.m. to mark his presence. If the first Tuesday of the said month falls on a holiday and / or non Court working day, the Applicant shall mark presence on the next working day; (vi) Applicant shall co-operate with the conduct of trial and attend the trial Court on all dates unless specifically exempted and will not take any unnecessary adjournments, if he does so, it will entitle the prosecution to apply for cancellation of this order; (vii) Applicant shall not leave the State of Maharashtra 4 of 5 BA.3217.2026.doc without prior permission of the Trial Court; (viii) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; and (ix) In case of any infraction of the above conditions and / or two consecutive defaults in marking his attendance before trial Court, it shall attract the provisions of Section 492 of BNSS i.e. for cancellation of bail. 9. 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 herein above in this order. 10. Bail Application is allowed and disposed. [ MILIND N. JADHAV, J. ] Ajay 5 of 5 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.08.18 11:09:05 +0530