Ravi Chandrapal Mewati v. State Of Maharashtra

by ARUNA SANDEEP TALWALKAR Date:

2025.08.22 13:40:23 +0530 ARUNA SANDEEP TALWALKAR 9.BA3302.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3302 OF 2025 Ravi Chandrapal Mewati.

...Applicant.

Versus

State of Maharashtra.

...Respondent.

Mr. Irfan A. Shaikh, Advocate for the Applicant. Ms. Anamika Malhotra, APP for the Respondent-State. PSI Abhay Kadam, Panvel City Police Station.

CORAM: ASHWIN D. BHOBE, J DATED: 21st AUGUST, 2025 PC:- 1.

Heard Mr. Irfan Shaikh, learned Advocate for the Applicant and Ms. Anamika Malhotra, learned A.P.P. for the State/Respondent. 2.

By the present Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS" for short), the Applicant is before this Court seeking regular bail in connection with Crime No. I-514 of 2024 registered with Panvel City Police Station, for the offences punishable under Section 103(1), 3(5) of Bharatiya Nyay Sanhita, 2023 (for short "BNS"). Though the FIR was registered in respect of Section 103(1), 3(5) of the BNS, upon investigation, prosecution has filed charge-sheet for the offence

punishable under section 105 of the BNS.

3.

Said crime is registered as Sessions Case No. 46 of 2025 and is pending before the Court of Additional Sessions Judge, Panvel-Raigad. 4.

Case of the Prosecution is that the Applicant alongwith his friends and Vijay Kalase(deceased) were having a party and consuming alcoholic drinks. During the midst of the party, a knife which was in the hands of the Applicant hit the chest of the deceased-Vijay. Deceased-Vijay succumbed to the injuries.

5.

Applicant was arrested on 19th August, 2024. Bail Application No. 947 of 2024 filed by the Applicant was rejected by the Additional Sessions Judge, Panvel by order dated 14th January, 2024. 6.

Mr. Irfan Shaikh, learned Advocate for the Applicant submits that the Applicant and the deceased were friends. They were having a party together. He submits that Applicant, deceased Vijay and other friends were intoxicated. He submits that during the midst of the party, a knife which was on table by mistake hit the chest of the deceased-Vijay. He submits that there was neither any intention nor any reason for the Applicant to cause any harm, much less murder of deceased Vijay. He submits that the death of deceased Vijay was accidental.

7.

Ms. Malhotra, learned APP for the State submits that records indeed indicate that the death of Vijay was accidental. She submits that the evidence on record does not suggest of the Applicant having any intention to cause

murder of deceased Vijay.

8.

Perused the record with the assistance of the learned Advocates. Record reveals that the injuries caused to deceased-Vijay was accidental, as submitted by Mr. Irfan Shaikh, learned Advocate for the Applicant and Ms. Malhotra, learned APP. There is no material on record to indicate any motive or the Applicant having any intention of causing harm to deceased Vijay. Prima facie the ingredients of the offence charged against the Applicant is not made out.

9.

In view of the above, continuation of the Applicant in jail pending trial is not warranted. Applicant is entitled to bail. 10.

Bail Application is allowed on the following conditions :- a.

Applicant is directed to be released on bail in connection with Crime No. I-514 of 2024 registered with Panvel City Police Station on executing P.R. Bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with one or two local sureties in the like amount to the satisfaction of the Additional Sessions Judge, Panvel-Raigad. b.

Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of accusation, so as to dissuade such person from disclosing such facts to the Court or to any police officer.

c.

Applicant shall not tamper with the prosecution witnesses and evidence in any manner.

d.

Applicant upon his release, within a period of three days

from his release, shall furnish his cell phone number and residential address with proof to the Investigating Officer, Panvel City Police Station, and shall keep the same updated, in case of any change thereto. e.

Applicant shall co-operate in the conduct of the trial of Sessions Case No. 46 of 2025 and shall regularly attend the hearing of the case pending on the file of Additional Sessions Judge, PanvelRaigad, on each and every date, unless exempted from appearance. 11.

Criminal Bail Application No. 3302 of 2025 stands disposed of. (ASHWIN D. BHOBE,J.)