Extracted from the PDF above. The PDF is authoritative.
15.BA.3416.2026.doc HARSHADA H. SAWANT (P.A.)
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.3416 OF 2026 Gokul Nana Kokare .. Applicant Versus The State of Maharashtra .. Respondent .................... Mr. Priyal Sarda a/w. Mr. Shubham Sudam Sane, Advocates for Applicant. Ms. Gauri S. Rao, APP for Respondent – State. GPSI – Mase, Urlikanchan Police Station. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 08, 2026 P.C.
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1. Heard Mr. Sarda, learned Advocate for Applicant and Ms. Rao, learned APP for Respondent – State. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.51 of 2026 registered with Uruli Kanchan Police Station for offences punishable under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The Applicant is indicted as Accused No.2 in the present crime. He is 23 years old young offender. Case of the prosecution qua the Applicant in question emanates from a witness statement recorded two days later on 04.03.2026 of a person who had seen the Applicant go alongwith Accused No.1 behind the victim. 1 of 5
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4. The victim was on his motorcycle whereas both the Accused persons followed him in their car. Another person of the Sathe family, namely brother of Accused No.1 Akash Sathe followed the car on his motorcycle. The witness statement at page No.144 which names the Applicant infact, primarily gives the details of the dispute between the Sathe family members. A vivid description of the dispute with regard to the persons of the Sathe family has been given by the concerned witness. One company called S.S. Agro entered the village and was considering taking over the lands because of which there was a dispute amongst the members of the Sathe family. The names of all Sathe family members are also stated in the statement. The said statement also hinges upon the fact that there was a quarrel with regard to the land belonging to the Sathe family qua the said Company. Some members of the Sathe family indirectly without informing the other members met the officials of the S.S. Agro Company which led to a dispute between them.
The dispute was prominently between the Dashrath branch of the Sathe family whose sons are Akshay, Akash, and Abhishek. 5. In so far as the precise role attributable to the present Applicant Gokul Kokare is concerned, it is seen from the witness statement that present Applicant was a friend of Akshay Sathe (Accused No.1) as also the deceased victim. It is seen that he infact called upon the deceased victim – Mahesh Sathe when he went past 2 of 5
15.BA.3416.2026.doc through them on his motorcyle when they were standing on the road. Had there been any mens rea, the present Applicant would not have called upon Mahesh Sathe to stop and talk to him / them. After he passed, the i20-car which belonged to Akash Sathe was driven by him alongwith and the present Applicant was asked to join him in the car. Only to this extent, case of the prosecution indicts the role of the present Applicant. 6. According to the prosecution case, the car thereafter collided with the motorcycle driven by the victim from behind, leading to the death of the victim. There is no circumstantial evidence with regard to the specific role and the crime having taken place to the extent of the role of the Applicant which is brought to the fore by the documents and the statements recorded in the present Application since there is no direct enmity even otherwise according to the prosecution witnesses qua the Applicant and the deceased victim who infact belonged to the Sathe family. Hence I am inclined to consider the present Application for grant of bail. The Application for bail is allowed on following terms:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. 51 of 2026; (ii) Applicant is directed to be released on bail on 3 of 5
15.BA.3416.2026.doc furnishing P.R. Bond of Rs. 25,000/- (Rs.
Twenty Five Thousand only) with one or two surety / sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at the concerned Police Station, once every month on the first Monday of the month between 10:00 a.m. to 12:00 p.m.; (iv) 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 revocation of this order; (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 address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail 4 of 5
15.BA.3416.2026.doc cancellation of bail granted to the Applicant. 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 of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 5 of 5 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.09 13:00:40 +0530