Order 280926aba814.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [ABA] NO. 814 OF 2026. Parag Basantlal Rahangdale -VERSUS- 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 N.R. Tekade, Advocate for the Applicant. Ms S.S. Dhote, 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.386/2026 registered with Gangajhari Police Station, Gondia for the offences punishable under Sections 352, 109[1] and 3[5] of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The first information report came to be lodged by Anil Rahangdale alleging that on 16.08.2026, when he was at his home, his nephew Evansh was playing with one Parth, and while playing, they went to the courtyard of Basant Rgd. 2026:BHC-NAG:12797 Order 280926aba814.26 2 Rahangdale (family of applicant). It is alleged that family of the informant and accused persons are not on talking terms, and therefeore, Sunil, brother of informant told his neighbour not to continue relations with his family. Hearing this, the applicant and his brother started verbally abusins Sunil. During which it is alleged that, applicant Parag has given a blow with cement brick on the head and near the eye of Sunil. Hence, the report. 4. The learned Counsel for the applicant submits that there is no intention on the part of the applicant. There was previous dispute between the family of the applicant and the family of informant on the ground of boundary wall. He submits that on the date of incident, nephew and son of neighbour, while playing went to the court yard of Basant. At that time elder brother of informant Sunil told Kishore that he was not having good terms with Basant and his son has taken son of Sunil to the courtyard of Basant. On hearing this, sons of Basant - namely Parag and Pratik came outside and started abusing the informant and his family members. At that time, abruptly Parag gave blow with the help of cement brick on the head, as well as near eye of Sunil. He further submits that the Rgd. Order 280926aba814.26 3 entire allegations are made against the applicant due to previous enmity between the families, and hence he be granted anticipatory bail. 5. On the other hand the learned A.P.P. opposes the application by submitting that the act of the applicant is intentional. She submits that serious injuries have been caused to the injured Sunil, who has undergone CT Scan as he has sustained injuries on head. Inviting attention to CT Scan report, she submitted that several injuries have been caused and one injury seems to be serious i.e. Linear undisplaced fracture noted involving right parietal bone with fracture line extending to involve – Squamous part of right temporal bone, Anterior Wall of right condylar fossa and Greater wing of sphenoid on right. She therefore, submits that considering the serious injuries caused to Sunil, the applicant does not deserves to be protected, as he is the author of the injuries. 6. Upon consideration of the rival submissions of the parties, it appears that there was previous enmity between both the families, and therefore, were not on talking terms. On the date of incident, two kids were playing in the courtyard of Basant, at that time Sunil asked his younger Rgd. Order 280926aba814.26 4 brother Kishore that his son should not take his son to the courtyard of Basant. Upon hearing this, sons of Basant namely Parag and Pratik came out of the house, and Parag picked up a cement brick and gave blow on head and eye of Sunil. No doubt, so far as the injuries to Sunil are concerned, those appears to be serious in nature, however, the circumstances in which the offence is committed needs to be viewed, and therefore, considering the nature of allegations, I am inclined to grant anticipatory bail to the applicant, hence, the following order. ORDER (i) Criminal Application is allowed and disposed of. (ii) In the event of arrest of the applicant Parag Basantlal Rahangdale in connection with Crime No.386/2026 registered with Gangajhari Police Station, Gondia for the offences punishable under Sections 352, 109[1] 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 Rgd. Order 280926aba814.26 5 Investigating Officer. (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 18:48:36