25.BA.3332.2026.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. 3332 OF 2026 Nitin Rajendra Kusekar .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Vipul V. Dushing a/w. Mr. Tanmay T. Kate, Mr. Ashraf Kazi and Mr. Swapnil Kshirsagar, Advocates for Applicant.  Ms. Shilpa G. Talhar, APP for Respondent – State.  PSI – Mr. Pandit S. Manjare, Shikrapur Police Station, Pune Rural present. ......…........... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 09, 2026. P.C.: 1. Heard Mr. Dushing, learned Advocate for Applicant and Ms. Talhar, learned APP for Respondent – State. 2. This is an Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking regular bail in connection with C.R.No.282 of 2025 registered with Shikrapur Police Station, District Pune for the offences punishable under Sections 109(1), 308(4), 118(1), 115(2), 351(2)(3), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 3. Applicant has been arrested on 25.04.2025 in a crime for causing grievous hurt, rather under Section 307 of the IPC. The incident in question occurred at a ‘paan shop’ which the Applicant and 1 of 4 25.BA.3332.2026.doc other co-accused persons had visited for consuming masala paan and when the paan shop owner asked them to make payment, Applicant and the other co-accused persons verbally abused and assaulted him. 4. Case of the Complainant is that the Applicant had also sought extortion of amounts. Applicant's wife is an elected representative of the Gram Panchayat and there is prima facie political rivalry between the parties which is prima facie evident from the material placed on record. 5. The Complainant being assaulted was treated in OPD and thereafter discharged which is prima facie seen from the material on record. Applicant is a travel agent and has only one antecedent of the year 2018, but according to Mr. Dushing, he has moved on in life and now runs a travel business and provides school buses on hire. 6. Learned Advocate Mr. Dushing would persuade the Court to consider the case of the Applicant that Applicant is the sole provider of livelihood for his family, considering his two young minor daughters and their well being and education. 7. Considering the aforesaid facts and the fact that Applicant has been incarcerated for the past more than 1 year 5 months, in the facts of the present case where prima facie for commission of the assault, no premeditation or conspiracy can be seen and the said incident having occurred on the spur of the moment in view of the 2 of 4 25.BA.3332.2026.doc verbal altercation between the paan shop owner and Applicant, I am inclined to consider the request for bail and allow the Bail Application. 8. Hence, in view of above prima facie observations and finding, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Nitin Rajendra Kusekar is directed to be immediately released from prison in connection with CR. No.282 of 2025; (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 Shikrapur Police Station, once every month, on the first Monday 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; 3 of 4 25.BA.3332.2026.doc (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 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 (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 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 hereinabove in this order. 10. 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: 2026.09.09 20:39:15 +0530