1 37 BA 1197.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1197/2026 (Shri Sujal S/o Nitin Borkar 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. B. B. Dhruv, Advocate (appointed) for applicant. Ms. T. H. Udeshi, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 28/09/2026. Heard. 2. By this application, the applicant is seeking bail in connection with Crime No. 678/2025 registered with Police Station Gondia City, Tah. & Dist. Gondia for the offences punishable under Sections 310(4) of the Bharatiya Nyaya Sanhita, Sections 4, 25 of the Arms Act and Section 135 of the Maharashtra Police Act. 3. The brief facts of the prosecution case are that at around 12.30 a.m. on 15/08/2025, the informant, who was on patrolling duty in the area of Bhim Nagar, Gondia, received secret information that near Ambedkar Bhavan at Kumbhare Nagar, around 4 to 5 persons, equipped with weapons, were whispering and murmuring amongst each other and planning something. Based on the information, at around 2.00 a.m., the informant, along with his 2 37 BA 1197.26.odt colleagues, raided the said place and caught two out of five persons, while the remaining three fled away by taking advantage of the darkness. They seized various articles from them including weapons and chilli powder amongst other things Based on this, the FIR was registered on 15/08/2025. 4. The allegations in the First Information Report discloses that the applicant, along with four other accused persons, had been making preparations for committing dacoity. When the police squad came there, they apprehended two accused persons on the spot, while the other three fled the spot due to darkness. When an inquiry was made with the said arrested accused persons, they disclosed the name of the applicant. Apart from that, it appears that there is nothing on record to show that, at the relevant time, the applicant was also present along with the other accused persons who were caught on the spot. It further appears that the applicant is having three criminal cases against him, and out of the three, one is registered under Section 310(4) of the Bharatiya Nyaya Sanhita, which is similar to the present case. Be that as it may, since in the present case there is no material against the applicant, merely on the basis of earlier cases, the 3 37 BA 1197.26.odt applicant cannot be kept behind bars. Therefore, I am inclined to grant bail. Hence, the following order:- ORDER (i) Criminal application is allowed and disposed of. (ii) The applicant/accused Sujal S/o. Nitin Borkar be released on bail in connection with Crime No. 678/2025 registered with Police Station Gondia City, Tah. & Dist. Gondia for the offences punishable under Sections 310(4) of the Bharatiya Nyaya Sanhita, Sections 4, 25 of the Arms Act, and Section 135 of the Maharashtra Police Act 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/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 conditions, his default would entail the State to ask for cancellation of bail. 4 37 BA 1197.26.odt 5. The observations 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 observation. 6. Fees of the appointed counsel be paid as per Rules. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 28/09/2026 20:34:04