Hitesh Bhuralal Jain v. State of Maharashtra

Bombay HC6 Oct 2025ABA/2750/2025

Case brief

AI extract

What is this about?

Hitesh B. Jain v. State of Maharashtra; Bombay High Court; N.R. Borkar J.; 10 November 2025; Anticipatory Bail Application No. 2750 of 2025; anticipatory bail granted; Sections 288, 304, 34 IPC; Crime No. 671 of 2022, Malad Police Station; death of worker by falling cement blocks on 19.05.2022 at under-construction building owned by applicant; investigation completed; order dated 28.06.2024 in ABA No. 15332 of 2022 of co-accused developer (contractor's safety obligations); P.R. bond Rs. 25,000 with one or two sureties.

What did the court decide?

Anticipatory bail: in the event of arrest in C.R. No. 671 of 2022 registered at Malad Police Station (offences under Sections 288 & 304 read with 34 IPC), release on bail on executing a P.R. bond of Rs. 25,000/- with one surety or two sureties in the like amount. ¶¶18

Hitesh Bhuralal Jain vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, apprehending arrest in Crime No. 671 of 2022 (Malad Police Station) for offences under Sections 288 & 304 read with 34 IPC arising out of the death of a worker by falling cement blocks, is entitled to anticipatory bail.

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Court's answer

Considering the overall facts and circumstances — including that the investigation is over, as submitted by the learned APP on instructions — the Court was inclined to release the applicant on anticipatory bail.

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Ratio / Principle

The anticipatory bail application is allowed; in the event of arrest in C.R. No. 671 of 2022 registered at Malad Police Station for offences under Sections 288 & 304 read with 34 IPC, the applicant is to be released on bail on executing a P.R. bond of Rs. 25,000/- with one surety or two sureties in the like amount.

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Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), N.R. Borkar, J. — Anticipatory Bail Application No. 2750 of 2025, decided 10.11.2025 — Hitesh B. Jain v. The State of Maharashtra — Applicant apprehended arrest in Crime No. 671 of 2022 (Malad Police Station) for offences under Sections 288 & 304 read with 34 IPC, arising from the death of a worker employed in the first informant's shop situated in the applicant's under-construction building, allegedly caused by falling cement blocks on 19 May 2022. Learned APP, on instructions, stated that the investigation was over. Counsel relied on this Court's order dated 28 June 2024 in Anticipatory Bail Application No. 15332 of 2022 filed by the co-accused developer, wherein the Court had observed that the contractor was under obligation to follow safety measures and make necessary arrangements to avoid untoward incidents. Held, considering the overall facts and circumstances, the applicant was to be released on bail in the event of arrest on executing a P.R. bond of Rs. 25,000/- with one surety or two sureties in the like amount. Application allowed.

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13-aba-2750-25.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2750 OF 2025

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Hitesh B. Jain …Applicant V/s. The State of Maharashtra ...Respondent.

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...Respondent.

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Adv Jehangir Khajotia & Mr. Rishkesh Soni i/b Ms Raveena S. Yadav for the Applicant.

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Mr. Vishwajeet N. Sagare, APP for the Respondent/State. PI Mahendra Ghag, Malad Police Station present.

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CORAM : N.R. BORKAR, J. DATE : 10.11.2025.

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P.C. :

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This is an application for anticipatory bail.

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The applicant is apprehending his arrest in Crime No. 671 of 2022 registered at Malad Police Station, for the offences punishable under Sections 288 & 304 read with 34 of the Indian Penal Code (IPC).

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The deceased was working in the shop of the first informant. The said shop was in the under construction building owned by the applicant. It is alleged that on the date of incident, which took place on 19^th May 2022 cement blocks fell on the deceased due to which he died.

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Dinesh S. Sherla

13-aba-2750-25.doc

The learned counsel for the applicant has drawn my attention to the order dated 28^th June 2024 passed by this Court in Anticipatory Bail Application No. 15332 of 2022 filed by the coaccused developer. In the said order, this Court has observed that the contractor was under obligation to follow safety measures and make necessary arrangements to avoid untoward incidents.

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On a specific query in respect of status of investigation, the learned APP, on instructions, submits that the investigation is over. Considering the overall facts and circumstances, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed.

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ORDER

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A) The Application is allowed.

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B) In the event of arrest of the applicant in C.R. No.671 of 2022 registered at Malad Police Station, for the offences punishable under Sections 288 & 304 read with 34 of the Indian Penal Code (IPC), he be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one surety or two sureties in the like amount.

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[N.R.BORKAR, J.]

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Dinesh S. Sherla

Hitesh Bhuralal Jain v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Hitesh Bhuralal Jain v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

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What the court decided

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