1 24.ba.974.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO. 974 OF 2026 Debilal Daulat Kewat ..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 Mir Nagman Ali, Advocate for the applicant (appointed). Shri N.R. Rode, APP for non-applicant/State. CORAM: M.M. NERLIKAR, J. DATE : 23.09.2026. Heard. 2. By way of this application, the applicant is seeking bail in connection with Crime No.433 of 2025 registered with Aamgaon Police Station, Gondia for the offence punishable under Section 109 of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The FIR came to be lodged by the son of the victim, who is the mother of the informant alleging that on a petty issue, the applicant, who is the husband of the victim allegedly assaulted the victim by means of an Axe on her head, due to which she sustained serious injuries and therefore the report. 4. Learned Counsel for the applicant submits that there was no intention on the part of the applicant to cause injuries to his wife. A sudden quarrel took place, on a petty issue, in which the applicant assaulted and gave a blow on the head of the victim by means of an Axe. He invited my attention to the injury certificate of the victim, which shows a blunt trauma to head with head injuries and there is depressed fracture in right 2026:BHC-NAG:12616 2 24.ba.974.2026 frontal region. Under such circumstances, he submits that since on a petty issue sudden dispute arose in which the applicant has given blow to his wife, which was not intentional and there are no criminal antecedents against the applicant, and that the applicant is in jail since 12.06.2025, the applicant deserves to be granted bail. 5. On the other hand, the learned APP vehemently opposed the application by submitting that a dangerous weapon was used to inflict the blow. He submits that, though the issue was petty, but due to the blow given by the applicant there was a fracture on the frontal region. He invited my attention to the statement of the victim, wherein she has categorically named the present applicant and stated that it was the applicant who has given the blow with the help of an Axe. Under such circumstances, considering the seriousness of the crime, the applicant does not deserve to be granted bail. 6. I have considered the submissions of both the sides. Apparently, the applicant and the victim are the husband and wife. On a petty issue of preparation of fish curry, the quarrel took place and the applicant has given blow with the help of an Axe on the head of the victim. No doubt so far as the injury is concerned there is a depressed fracture in the right frontal region. However, considering the fact that the incident has occurred due to the petty reason and that the applicant is behind bars since from more than 1 year, I am inclined to grant bail. Hence the following order : (a) The application is allowed. 3 24.ba.974.2026 (b) The applicant Debilal Daulat Kewat in connection with Crime No.433 of 2025 registered with Aamgaon Police Station, Gondia for the offence punishable under Section 109 of the Bharatiya Nyaya Sanhita (BNS), 2023 be released on bail on furnishing P.R. bond of Rs.50,000/-, with one solvent surety, in the like amount. (c) The applicant 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. (d) The accused shall provide their residential address and cell number to Police Station concerned and shall not change their place of residence without prior intimation to the Investigating Agency. (e) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for a single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. 7. The observations are prima facie in nature and the Trial Court shall not be influenced by the same . 8. All Misc. application(s), pending if any, shall stands disposed of accordingly. 9. Fees of the appointed Counsel be quantified as per rules. (M.M. NERLIKAR , J. ) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 23/09/2026 18:59:33