1 38 BA 1139.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1139/2026 (Mohd. Ahefaz @ Guddu Tatya Mohd Javed 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. N. Ali, Advocate for applicant. Ms. S.N. Thakur, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 24/09/2026. Heard. 2. By this application, the applicant is seeking bail in connection with Crime No.894/2025 registered with Police Station, Yavatmal, Dist. Yavatmal for the offences punishable under Sections 109(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The brief facts of the prosecution case are that on 15/10/2025, the first information report came to be lodged by the informant stating that the present applicant along with his uncle Javed have assaulted his son Sheikh Sajjad by means of iron rod and knife due to an old enmity, on 14/10/2025 thereby seriously injuring him 2 38 BA 1139.26 4. The learned counsel for the applicant submits that there was no intention on the part of the applicant to commit the offence, though the allegations against the applicant are that the applicant has inflicted blow with the help of knife on the person of the injured. However, under which circumstance, the offence has been committed needs to be seen. He submits that initially the injured Sheikh Sajjad had molested the niece of the applicant and therefore for that purpose even they have registered the first information report against the injured Sheikh Sajjad, therefore annoyed by that the applicant and another co- accused Javed Shah Yasin Shah had assaulted the injured. The learned counsel submits that the applicant is behind bars since 15/10/2025, almost one year is over and now the investigation is complete and charge-sheet is filed, therefore the applicant deserves to be granted bail. 5. On the other hand, the learned APP vehemently opposes the application and submits that there are serious allegations against the applicant. She further submits that the applicant has played direct role in the incident he has inflicted blow with the help of knife below the ribs of the injured Sheikh Sajjad. She has invited my attention to the 3 38 BA 1139.26 injury certificates, wherein there are total 11 injuries shown and all are incised wounds. Therefore, the learned APP submits that considering the nature of injuries on the vital parts of the body, the applicant does not deserve to be granted bail. [ 6. I have considered submissions of both the sides. It appears that the father of the injured has registered the first information report. I have also gone through the first information report as well as the statement of the injured Sheikh Sajjad. From the statement of the Sheikh Sajjad, it appears that the applicant and co-accused Javed Shah inflicted blow on the person of Sheikh Sajjad. It also appears that as many as 11 injuries are found on vital parts of the body. It is further to be noted that in the statement of the injured, he has stated that there were allegations against the injured that he had molested the niece of the applicant and the first information report was registered against him by the family member of the applicant. No doubt, so far as the injury is concerned, it seems to be fatal, however, considering the fact that under what circumstances the applicant has committed the offences, in my opinion since the applicant is behind bars for one year 4 38 BA 1139.26 and the fact that now the investigation is over and charge sheet is filed, no purpose would be served by keeping the applicant behind bars. Therefore, he can be released on bail by imposing stringent conditions. Hence, the following order:- ORDER (i) Criminal application is allowed and disposed of. (ii) The applicant/accused Mohd Ahefaz @ Guddu Tatya Mohd Javed be released on bail in connection with Crime No.894/2025 registered with Police Station, Yavatmal, Dist. Yavatmal for the offences punishable under Sections 109(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 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 shall not enter into the Yavatmal city except the date on which the trial is scheduled. (vi) 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 38 BA 1139.26 conditions, his default would entail the State to ask for cancellation of bail. 7. Pending application, if any, stands 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: 28/09/2026 11:06:17