In a noteworthy bail order, the Bombay High Court single bench of Justice Milind N. Jadhav not only granted bail but also imposed a condition of performing community service to spread awareness about the dangers of drinking and driving.

The case involves the applicant, a 32-yearThe bail application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with C.R. No. 575 of 2024, registered at Andheri Police Station. The applicant, Sabyasachi Devpriya Nishank, a 32-year-old IIM Lucknow graduate and Senior Vice President at Centrum Wealth Limited, was charged under sections 110, 132, 281, 324(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and section 185 of the Motor Vehicles Act, 1988

The applicant, in an inebriated state with a blood alcohol content of 42.5%, ignored police barricades at two separate checkpoints—Gokhale Bridge, Western Express Highway, Andheri (East), and Holy Family School, Mahakali Road. He rammed into barricades, attempted to flee, and collided with 2-3 moving vehicles, causing damage to public property and injuring a police personnel.

The bench primarily acknowledged that the Applicant has been in custody for almost 2 months, after further interaction with his mother found that he belongs to a good family and thus determined that “His further incarceration is not warranted considering his future prospects and the fact that he is young and highly educated.”

However, the Court prima facie found evidence against the Applicant that he was driving in a negligent manner in an inebriated state and disobeyed directions of the police and also caused damage to public property. The bench also observed that his inebriated state he did not wanted to be apprehended and thereby flee the scene.

Thus, after due consideration, the court granted bail on a surety of Rs 1 lakh and also ordered to deposit ₹50,000 in the Police Welfare Fund to compensate for damages to public property.

Additionally, the court mandated the Applicant to perform community service as a condition for his release. He is required to:

• Report to a Traffic Officer at Worli Naka Junction.
• Spend three hours every Saturday and Sunday evening for three months holding a banner with the message “Don’t Drink and Drive.”
• The banner must be prepared by him and include bold lettering and a graphic illustration warning against the dangers of drunk driving

(Graphic illustration is exhibited in the Bail Order)

Accordingly, the application was allowed.

Case Title: Sabyasachi Nishank vs State of Maharashtra (Bail Application 5341 of 2024)

Advocate for Applicant: Mr. Sachin Dhakephalkar

Advocate for Respondent: Mr. Dinesh J. Haldankar, APP for Respondent – State