1 41 BA 1202.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1202/2026 (Vaibhav S/o Vilasrao Mahore Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M. V. Rai, Advocate applicant. Mr. A. Kadukar, APP for non-applicant. CORAM: M. M. NERLIKAR, J . DATED : 21/09/2026. Heard. 2. By this application, the applicant is seeking bail in connection with Crime No. 454/2026 registered with Police Station Jalalkheda, Nagpur (Rural), Dist. Nagpur for the offences punishable under Sections 309(4), 351(2), 310(2), 317(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section (1)(d)(e) of the Prevention of Cruelty to Animal Act. 3. Brief facts of the prosecution case are that as per the FIR lodged by the informant Marotrao Pundlikrao Babal, he used to graze sheep and goats and for their safety, used to sleep at night in a cattle-shed situated in the field of one Mangesh Dakhole. On 03/08/2026, at about 1.00 a.m., four unknown persons armed with sticks came 2 41 BA 1202.26 to the shed, tied the hands and legs of the informant with rope, gagged him with his dhoti, and threatened to drop him in the well if he raised alarm. Thereafter, the said persons loaded 45 sheep and 8 goats belonging to the informant, and 8 goats belonging to one Mangesh Dakhole, in total 61 animals worth Rs. 2,89,000/-, into a four- wheeler and took them away. Based on this FIR was registered. 4. The learned counsel for the applicant submits that the applicant has not stolen the goats and cattle. However, the allegations are that the main accused persons have sold the 24 goats and sheep to the present applicant. The applicant is resident of Ashti. There is no material on record to show that the applicant has purchased the said cattle and goats and it is only on the basis of the statement of the co-accused, the applicant has been implicated and the applicants does not have any criminal record prior to the present FIR. Therefore considering the nature of allegations, the applicant deserves to be granted bail. 5. On the other hand, the learned APP submits that the investigation is underway and charge-sheet is yet to be 3 41 BA 1202.26 filed. He further submits that the statement of the co-accused reveals that he sold the 24 goats and sheep to the present applicant. He further submits that the applicant has purchased the said goats and cattle and thereafter, he sold it to one person in Hyderabad. Under such circumstances, he submits that in order to establish the link, some time is required and therefore according to learned APP, there is sufficient material against the applicant. There are bank transactions between the applicant and the person at Hyderabad. There are also transactions between the applicant and the main accused person. Under such circumstances, he submits that the applicant does not deserve to be granted bail. 6. I have considered the submissions of both the sides. The only material which could be gathered from the case diary which was produced by the learned APP is that the applicant has not stolen the cattle and goats. It further appears that the co-accused who have been arrested they have taken the name that they have sold 24 goats and cattle to the present applicant and thereafter the statement of the applicant was recorded, wherein he mentioned that one person from Hyderabad to whom he has sold the cattle 4 41 BA 1202.26 and goats. Considering the nature of allegations and maximum punishment provided is of three years and the applicant is behind bars since 08/08/2026, I am inclined to grant the bail to the applicant. Hence, the following order:- ORDER (i) Criminal application is allowed and disposed of. (ii) The applicant/accused Vaibhav S/o. Vilasrao Mahore be released on bail in connection with Crime No. 454/2026 registered with Police Station Jalalkheda, Nagpur (Rural), Dist. Nagpur for the offences punishable under Sections 309(4), 351(2), 310(2), 317(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section (1)(d)(e) of the Prevention of Cruelty to Animal Act on his furnishing P.R. Bond of Rs. 50,000/- with two sureties in the like amount. (iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. (iv) The accused shall provide his residential address and cell number to concerned Police Station and shall not change his place of residence without prior intimation to the concerned Investigating Officer. (v) The applicant/accused shall attend each and every date of trial regularly. If he fails to attend the trial on even a single date or fails to comply with the aforesaid 5 41 BA 1202.26 conditions, his default would entail the State to ask for cancellation of bail. 7. Pending application (s), if any, stand disposed of accordingly. 8. The observation of this Court are prima facie in nature and are only limited to this application. The Trial Court shall not be influenced by the aforesaid observations. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 22/09/2026 18:17:59