Vishal Surendrakumar Agarwal vs The State Of Maharashtra on 10 March, 2026

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    Vishal Surendrakumar Agarwal vs The State Of Maharashtra on 10 March, 2026

                                          IN THE SUPREME COURT OF INDIA
                                         CRIMINAL APPELLATE JURISDICTION
    
                                     CRIMINAL APPEAL NO(S).        OF 2026
                             (@ SPECIAL LEAVE PETITION (CRL.) NO(S).2932 OF 2026)
    
    
                   VISHAL SURENDRAKUMAR AGARWAL                                      APPELLANT
    
                                                       VERSUS
    
                   THE STATE OF MAHARASHTRA                                          RESPONDENT
    
                                                      O R D E R
    

    Leave granted.

    This appeal challenges the order dated

    SPONSORED

    16.12.2025 passed by the High Court of Judicature at

    Bombay in Bail Application No.2733 of 2025.

    The appellant has been facing trial in

    connection with a crime registered pursuant to FIR

    No.306 of 2024 dated 19.05.2024 lodged with Police

    Station Yerwada, District Pune City in respect of

    offences punishable under Sections 304, 279, 337,

    338, 427, 120-B, 201, 213, 214, 466, 467, 468, 471,

    109 read with Section 34 of the Indian Penal Code

    (in short, “IPC“) and Sections 7, 7-A, 8, 12, 13 of

    the Prevention of Corruption Act, 1988 (in short,

    PC Act“) and Sections 184, 185, 199/177, 3(1)/180,

    5(1)/181 and 199(a) of the Motor Vehicles Act, 1988
    Signature Not Verified

    Digitally signed by
    BORRA LM VALLI
    (in short, “MV Act“). The application seeking bail
    Date: 2026.03.10
    18:16:12 IST
    Reason:
    having been rejected by the High Court vide impugned

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    order dated 16.12.2025, the appellant has preferred

    the instant appeal.

    Vide order dated 26.02.2026, this Court issued

    notice in the instant matter.

    Heard learned counsel for the appellant in

    support of the appeal and learned standing counsel

    for the respondent-State.

    Learned senior counsel appearing for the

    appellant submitted that the appellant herein is the

    father of the minor boy who was driving the car on

    the fateful day despite a driver being provided;

    that the allegations which have been levelled as

    against the appellant herein are not true at all;

    that with regard to the other accused this Court has

    granted the relief of bail; the appellant herein is

    also similarly situated inasmuch as he has also

    completed twenty two months of incarceration. In the

    circumstances, the appellant herein also may be

    granted the relief of bail subject to the terms and

    conditions to be imposed.

    In this regard, the order passed by this Court

    in the connected appeals viz., Crl.A.No.627, 628 and

    629 of 2026 dated 02.02.2026; Crl.A.NO.973 of 2026

    dated 18.02.2026; and Crl.A.No.1177 of 2026 dated

    27.02.2026 have been brought to our notice.

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    Per contra, learned standing counsel for the

    respondent-State with reference to the counter

    affidavit contended that the allegations against the

    appellant herein are serious; that there is no

    parity between the appellant-accused and the accused

    in the other cases wherein this Court had granted

    the relief of bail inasmuch as the appellant herein

    is the father of the child, who drove the vehicle on

    the fateful day leading to the death of two innocent

    persons on the road. He contended that attempts were

    made by the appellant and the other accused to

    ensure that evidence in the instant case is not only

    suppressed, but also was wholly substituted inasmuch

    as the attempts were made to substitute the blood

    samples of the appellant’s son and his friends who

    were sitting in the backseat of the car. The

    allegations being serious as against the appellant

    herein, this Court may not grant the relief as

    sought for by the appellant as it would jeopardize

    and frustrate the investigation as well as the

    trial.

    In the circumstances, learned standing counsel

    for the respondent contended that there is no merit

    in this appeal and the same may be dismissed.

    We have considered the arguments advanced at

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    the bar in light of the material on record as well

    as the fact that in similar cases, this Court had

    already granted the relief of bail to the other co-

    accused viz., Crl.A.No.627, 628 and 629 of 2026

    dated 02.02.2026; Crl.A.NO.973 of 2026 dated

    18.02.2026; and Crl.A.No.1177 of 2026 dated

    27.02.2026. We also note that the appellant herein

    has been in jail for the last twenty two months. In

    the circumstances, we find that the appellant has

    made out a case for bail.

    We, therefore, allow this appeal and direct as

    under:

    “The appellant shall be produced before the

    concerned Trial Court as early as possible and

    the Trial Court shall release him on bail,

    subject to such conditions as it may deem

    appropriate to impose to ensure his presence in

    the proceedings arising out of FIR No.306 of

    2024 mentioned above.”

    It is directed that the appellant shall extend

    complete cooperation in the trial of the instant

    case.

    The appellant shall not misuse his liberty in

    any manner.

    The appellant shall not make any attempt to

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    contact the witnesses either directly or indirectly.

    Having regard to the facts and circumstances

    of this case, we direct that the appellant shall in

    no way cause any frustration or delay in the trial.

    We also direct the concerned Trial Court to

    endeavour to conclude the proceedings at the

    earliest.

    Any infraction of the conditions may entail

    cancellation of bail granted to the appellant.

    With these observations, the appeal is

    allowed.

    ………………………………………………………, J
    (B.V. NAGARATHNA)

    …………………………………………………………, J
    (UJJAL BHUYAN)
    NEW DELHI
    MARCH 10, 2026

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    ITEM NO.4 COURT NO.4 SECTION II-A

    S U P R E M E C O U R T O F I N D I A
    RECORD OF PROCEEDINGS

    PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S).
    2932/2026

    [ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 16-
    12-2025 IN BA NO. 2733/2025 PASSED BY THE HIGH COURT OF
    JUDICATURE AT BOMBAY]

    VISHAL SURENDRAKUMAR AGARWAL PETITIONER(S)

    VERSUS

    THE STATE OF MAHARASHTRA RESPONDENT(S)

    IA NO. 52433/2026 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
    JUDGMENT
    IA NO. 52434/2026 – EXEMPTION FROM FILING O.T.
    IA NO. 52435/2026 – PERMISSION TO FILE ADDITIONAL
    DOCUMENTS/FACTS/ANNEXURES

    Date : 10-03-2026 This matter was called on for hearing today.

    CORAM : HON’BLE MRS. JUSTICE B.V. NAGARATHNA
    HON’BLE MR. JUSTICE UJJAL BHUYAN

    For Petitioner(s) : Mr. Mukul Rohatgi, Sr. Adv.

    Mr. Siddharth Agarwal, Sr. Adv.
    Mr. Siddharth Dave, Sr. Adv.
    Mr. Prashant Patil, Adv.

    Mr. Shakti Pandey, Adv.

    Mr. Pranav Patil, Adv.

    Mr. Gaurav Arora, Adv.

    Mr. Gagandeep Singh, Adv.
    Mr. Dhruv Wadhwa, Adv.

    Mr. Ujjwal Malhotra, Adv.
    Mr. Karan Dhalla, Adv.

    Ms. Ranjeeta Rohatgi, Adv.
    Mr. Sagar Pahune Patil, AOR
    Ms. Devanshi Popat, Adv.

    Mr. Lzafeer Ahmad, Adv.

    Mr. Sabir Kachhi, Adv.

    Mr. Himanshu Tyagi, Adv.

    Ms. Shasya Singh, Adv.

    Mr. Nikhil Kumar Singh, Adv.

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    For Respondent(s) : Mr. Gopal Sankaranarayanan, Sr. Adv.

    Mr. Manan Verma, AOR
    Mr. Vishal Sinha, Adv.

    Mr. Sumit Kumar, Adv.

    Mr. Pranjal Tandon, Adv.

    Ms. Mansi Diwakar, Adv.

    Mr. Tushar Mehta, Solicitor General
    Mr. Siddharth Dharmadhikari, Adv.
    Mr. Aaditya Aniruddha Pande, AOR
    Mr. Shrirang B. Varma, Adv.
    Mr. Bharat Bagla, Adv.

    Mr. Sourav Singh, Adv.

    Mr. Aditya Krishna, Adv.

    Mr. Adarsh Dubey, Adv.

    Ms. Chitransha Singh Sikarwar, Adv.

    UPON hearing the counsel the Court made the following
    O R D E R

    Leave granted.

    Appeal is allowed in terms of the signed order,

    which is placed on file.

    Pending application(s), if any, shall stand

    disposed of.

    (B. LAKSHMI MANIKYA VALLI) (DIVYA BABBAR)
    COURT MASTER (SH) COURT MASTER (NSH)

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