Order 280926aba796.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [ABA] NO. 796 OF 2026. Salman Shah Allahwali Shah -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 S.S. Ali, Advocate for the Applicant. Shri N.R. Rode, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 28, 2026. Heard the learned Counsel for the parties. 2. The applicant is apprehending his arrest in connection with Crime No.628/2026 registered with Buldhana City Police Station, Buldhana for the offences punishable under Sections 109[1], 351[2], 351[3] and 3[5] of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The first information report came to be lodged by Rupesh Gavai alleging that on 09.07.2026 out of prior enmity, the applicant and other co-accused caught hold the Rgd. 2026:BHC-NAG:12798 Order 280926aba796.26 2 informant, while other accused persons assaulted him on head by an iron rod and stone. Hence, the first information report. The learned Counsel for the applicant submits that the first information report lodged against the applicant is an outcome of the counter blast first information report registered from the side of applicant by one Dubraya @ Sk. Naved. He submits that both the parties have registered the first information reports against each other. So far as the report against the applicant is concerned, the allegations are that the applicant had caught hold hands of injured namely Rupesh Gavai and co-accused Sayyed Matin and Dubraya has given blows on the head with the help of iron rod and stone. It is submitted that similar type of allegations are made against the informant party by the side of applicant, and therefore, from both the first information reports, it could be gathered that because of previous enmity between the parties, the said incident occurred. He submitted that even the applicant has been admitted in the hospital and had sustained serious injuries. He submits that so far as the role of applicant is concerned, there is no overt act on his part, except for holding hands of Rupesh. In such circumstances, the applicant Rgd. Order 280926aba796.26 3 deserves to be granted anticipatory bail. 4. On the other hand the learned A.P.P. vehemently opposed the application by contending that the applicant is a history sheeter, as three crimes are registered against him. It is further submitted that the tole played by the applicant assumes importance, as if the applicant would not have caught hold hands of the victim, he would have rescued himself from the clutches of accused persons. It is further submitted that the informant has received serious injury on the vital part of the body-head, due to assault, which has caused fracture of left zygomatic arch, mild swelling /hamatoma over left high posterior parietal region of the head. Therefore, he submits that considering the injuries and active role of the applicant and his previous criminal history, he does not deserve to be granted bail. 5. Upon consideration of the rival submissions of the parties, it appears that both parties have registered the first information reports against each other, and during the incident persons from both sides were injured. So far as the allegations against the applicant is concerned, it appears that he caught hold hands of Rupesh Gavai and other co-accused Rgd. Order 280926aba796.26 4 persons have assaulted said Rupesh. Though it appears that there are criminal antecedents against the applicant, however, out of three crimes, in one of the crime he was acquitted and other two offences are still pending against him, however, that by itself is not sufficient for denying bail to him. Further considering the limited role played by the applicant, I am of the considered opinion that the applicant can be protected, hence, the following order. ORDER (i) Criminal Application is allowed and disposed of. (ii) In the event of arrest of the applicant Salman Shah Allahwali Shah in connection with Crime No.628/2026 registered with Buldhana City Police Station, Buldhana for the offences punishable under Sections 109[1], 351[2], 351[3] and 3[5] of the Bharatiya Nyaya Sanhita, 2023 (BNS) he be released on anticipatory bail on furnishing PR bond of Rs. 25,000/- with one solvent surety in the like amount. (iii) The applicant shall attend the concerned Police Station on every Sunday between 11.00 a.m. to 02.00 p.m. as well as, as and when called by the Investigating Officer. Rgd. Order 280926aba796.26 5 (iv) The applicant shall not tamper with the prosecution evidence in any manner. (v) The applicant shall not misuse this grant of bail. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 28/09/2026 18:49:47