Back
2025 Supreme(Online)(Bom) 1845
BOMBAY HIGH COURT
URMILA JOSHI-PHALKE, J
Chetan Gulabrao Thorat – Appellant
Versus
State of Maharashtra, through Police Station Chikhli, District Buldhana – Respondent
CRIMINAL APPLICATION (BA) NO.455 OF 2025
For the Appellants/Petitioners: M. R. Pande
For the Respondents: Swati Kolhe
Bail granted due to lack of substantial evidence of negligence in fatal accident case.
Headnote:The judgment analyzes the application for bail preferred by the applicant under crime number 244/2025, as per the Bharatiya Nyaya Sanhita, 2023, addressing allegations regarding reckless driving leading to death. The court finds no substantial evidence of negligence and notes the investigation is complete. However, the applicant is required to attend court proceedings. The court's ruling allows the bail application under specific conditions.
| Table of Content |
|---|
| 1. application for bail in a fatal accident case. (Para 1) |
Ms. Swati Kolhe, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 07/05/2025
1. Present application is preferred by the applicant for grant of bail in connection with crime Section 105 of B.N.S. is added as per Court’s No.244/2025 registered under Sections 105, 281, order dated 16.05.2025
106(1) of the Bharatiya Nyaya Sanhita, 2023, the application is arrested on 28.03.2025.
2. The crime is registered on the basis of report lodged by Nitin Vasant Patil on an allegation that the present applicant has driven the two-wheeler bearing No. MH-28-BM-0372 in a rash and negligent manner, caused the death of the deceased and given a false information to the police about the said incident and given a false information to the father of the deceased. On the basis of the said report, police have registered the crime against the present applicant.
3. Heard learned Counsel for the applicant who submitted that the recitals of the FIR itself shows that the deceased was in habit of drinking liquor. As far as the rash and negligent riding of vehicle is concerned, the investigation paper nowhere reveals that the present applicant has not taken due care and caution while riding the vehicle. He submitted that it is mere an accident. As far as the further incarceration of the present applicant is concerned, which is not required. In view of that, he be released on bail.
4. Learned APP strongly opposed for the same and submitted that not only the applicant has caused the death of the deceased, but he has given the false information to the father of the deceased which is sufficient to show his intention. Thus, considering the same, the application deserves to be rejected.
5. On hearing both the sides and on perusal of the investigation papers, it reveals that the accident took place due to the rash and negligent act of the present applicant and the death of the deceased is caused due to the head injury. Considering the nature and circumstances under which the alleged incident has taken place. Now the investigation is already completed, charge-sheet is filed and further incarceration of the present applicant is not required. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass following order:
ORDER
(i) The application is allowed.
(ii) The applicant Chetan Gulabrao Thorat shall be released on bail in connection with crime No. 244/2025 registered with Police Section 105 of B.N.S. is added as per Court’s Station Chikhali, District Buldhana for the offence order dated 16.05.2025 punishable under Sections 105, 281 and 106(1) of the Bharatiya Nyaya Sanhita, 2023, on executing PR bond in the sum of Rs.25,000/- with one solvent surety in the like amount.
(iii) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.
(iv) The applicant shall attend the proceeding before the Sessions Court without seeking any exemption unless there are exceptional circumstances.
The application is disposed of.
