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2026 DAILYLAW 10571 (BOM)

RUDRA UDYA HALLEMARE v. THE STATE OF MAHARASHTRA THR PSO., PS HUDKESHWAR DIST. NAGPUR

APPP/3028/2026 · 2026-09-23

Public Interest Litigationbody2026

Judgment text

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Order 230926ba1225.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 1225 OF 2026. Rudra Udya Hallemare -VERSUS- The State of Maharashtra Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri B.T. Sugandh, Advocate for the Applicant. Ms S.N. Thakur, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 23, 2026. Heard. 2. The applicant came to be arrested in connection with Crime No.641/2026 registered with Hudkeshwar Police Station, Nagpur City for the offences punishable under Sections 109[1] , 190, 191[2] and 351[3] of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The first information report came to be lodged by Dinesh Solanki, alleging that on 27.07.2026 when he was walking on the road, two motorcycles came and the accused Rgd. 2026:BHC-NAG:12674 Order 230926ba1225.26 2 persons threw knife at him with an intention to kill him, howevr, he saved himself from the accused persons. Hence, the report. 4. The learned Counsel for the applicant submits that in the first information report it is alleged that on two motorcycles six accused persons came on the spot and out of them two have thrown a knife on the informant, which he evaded. It is further submitted that the applicant is not involved in the said act of throwing the knife, as he was pillion rider of the main accused. The learned Counsel further submits that there are no criminal antecedents against the applicant, in such circumstances, since no injury is caused to the informant and considering the role of the applicant, he deserves to be released on bail. 5. On the other hand the learned A.P.P. vehemently opposed the application by submitting that merely absence of injury is not sufficient to grant bail, and further attempt to commit murder is made out against the accused persons, since they have thrown the knife on the informant. She further submits that there is independent eye witness to the incident, and investigation is still going on, therefore, the applicant is not entitled to be released on bail. Rgd. Order 230926ba1225.26 3 6. I have considered the submissions canvassed by the learned Counsel for the parties. I have also perused the investigation papers. Perusal of the first information report reveals that six persons on two motorcycles arrived on the spot on 27.07.2026 at about 4 p.m. It further appears from the first information report that there is old enmity between Aman Narhare and the informant and the present incident is the outcome of the said enmity. Though name of the applicant appears in the first information report, however, there is no overt- act on his part, thus, considering the role played by the applicant, coupled with the fact that he is 20 years of age, I am inclined to grant him bail. Hence, the following order. ORDER (i) Criminal Application is allowed and disposed of. (ii) The applicant /accused Rudra Udya Hallemare be released on regular bail in connection with Crime No.641/2026 registered with Hudkeshwar Police Station, Nagpur City for the offences punishable under Sections 109[1] , 190, 191[2] and 351[3] of the Bharatiya Nyaya Rgd. Order 230926ba1225.26 4 Sanhita, 2023 (BNS) on his furnishing P.R. Bond of Rs.50,000/-, with two sureties in the like amount. (iii) The accused shall attend the concerned police station in between 11.00 a.m. to 2 p.m. on every Sunday, till the filing of the charge sheet. (iv) The accused shall not not enter within the territorial jurisdiction where the informant is residing, till the completion of the trial. (v) 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. (vi) The accused shall provide his residential address and cell number to Police Station concerned and shall not change the place of residence without prior intimation to the Investigating Agency. (vii) On commencement of the trial, the accused shall attend each and every date of trial regularly. If he fails to attend the trial on one date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. (viii) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial. Rgd. Order 230926ba1225.26 5 (ix) Misc. Applications, if any, are also disposed of. JUDGE. Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 24/09/2026 16:11:23