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2026 DAILYLAW 10516 (BOM)

NISHCHAY SUNIL POTFODE v. STATE OF MAHARASHTRA THR PSO., PS FREZARPURA, TQ. AND DIST. AMRAVATI

BA/1184/2026 · 2026-09-22

Civil Appealbody2026

Judgment text

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1 40-Cr.BA-1184-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1184 OF 2026 Nishchay Sunil Potfode -- VERSUS -- State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. C.A. Babrekar, Advocate for the Applicant. Mr. N.B. Jawade, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 22, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.127/2026 for the offences punishable under Sections 103(2), 308(2), 61(2) and 238 of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Frezarpura, District Amravati. 3. The learned counsel for the applicant submits that the applicant is entitled to be released on the ground of parity, since the co-accused, namely, Tushar Anil Supner, was released on bail by this Court on 21/08/2026 in Criminal Application [B.A.] No. 966/2026. Piyush Mahajan 2026:BHC-NAG:12609 2 40-Cr.BA-1184-2026 4. To this, the learned A.P.P. concedes and submits that Tushar and the present applicant are similarly situated. Under such circumstances, I am inclined to grant bail to the present applicant on the ground of parity, for the same reasons recorded in the order dated 21/08/2026. Hence, the following order: O R D E R (i) The Criminal Application is allowed; (ii) The applicant/accused (Nishchay Sunil Potfode) be released on regular bail in connection with Crime No.127/2026 for the offences punishable under Sections 103(2), 308(2), 61(2) and 238 of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Frezarpura, District Amravati, on his furnishing a P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount; (iii) The accused shall not enter within the territorial jurisdiction where the informant is residing, till the completion of the trial; (iv) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts Piyush Mahajan 3 40-Cr.BA-1184-2026 of the case, and also shall not tamper with the evidence; (v) The accused shall provide his residential address and cell number to the Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency; (vi) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for one single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail; (vi) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same; (vii) Pending Misc. Application(s), if any, also stand disposed of. [ M.M. NERLIKAR, J ] Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 23/09/2026 18:27:14