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2026 DAILYLAW 7713 (BOM)

NITIN VASANT JADHAV v. STATE OF MAHARASHTRA

BA/3400/2026 · 2026-09-09

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Judgment text

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28.BA.3400.2026.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. 3400 OF 2026 Nitin Vasant Jadhav .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Piyush R. Toshnival, Advocate for Applicant.  Ms. Sangeeta E. Phad, APP for Respondent – State. ......…........... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 09, 2026. P.C.: 1. Heard Mr. Toshnival, learned Advocate for Applicant and Ms. Phad, 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.671 of 2026 registered with Shirur Police Station, District Pune for the offences punishable under Sections 281, 125(a)(m), 125(b), 106(1), 324(4) and 105 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Sections 184 and 185 of the Motor Vehicles Act, 1988. 3. Applicant was indicted in a crime for committing an accident, ultimately committing a fatal accident where the deceased lost his life. Case of the prosecution is that Applicant was driving a 1 of 4 28.BA.3400.2026.doc motorcycle and dashed the deceased from behind who was taking an evening walk at the side of the road. Prima facie, the prosecution case states that Applicant was under the influence of liquor, but that has not been proven despite the investigation having been completed. Neither the medical test or any other test as required was undertaken by the prosecution agency to prove intoxication. Neither it is the case of the prosecution that Applicant was driving his motorcycle at a breakneck speed causing the accident. 4. Applicant is incarcerated since 20.07.2026 for over a period of 1 and half months. Applicant is working in Mitsubishi Company as a welder at Shirur, Pune. Needless to state that availability of Applicant at the time of trial is assured by the learned Advocate. Considering the material placed before me, Applicant is released on bail. 5. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Nitin Vasant Jadhav is directed to be immediately released from prison in connection with CR. No.671 of 2026; (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; 2 of 4 28.BA.3400.2026.doc (iii) Applicant shall report to the Investigating Officer at Shirur 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; (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 3 of 4 28.BA.3400.2026.doc (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 6. 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. 7. 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 20:39:24 +0530