1 26.BA.597.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.597 OF 2026 Dhiraj s/o Hiralal Hiranwar ..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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri I.S. Ghagarkar, Advocate for the applicant. Shri N.B. Jawade, APP for the State. CORAM: M.M. NERLIKAR, J. DATE : 22.06.2026. Heard. 2. By way of this application, the applicant is seeking bail in connection with Crime No.200 of 2025 registered with Ambazari Police Station, Nagpur City for the offence punishable under Sections 103(1), 103(2), 61(2), 3(5), 249, 238 of the Bharatiya Nyaya Sanhita (BNS), 2023, Sections 3, 4, 25, 7 and 27 of the Arms Act, 1959, Section 135 of the Maharashtra Police Act and Sections 3(1)(i)(ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act. 3. The FIR came to be lodged by the informant alleging that on 15.04.2025 between 1.00 to 1.25 am some unknown assailants shot his son Avinash Bhusari, on the road infront of G.P. Parsik Sahakari Bank near Ram Nagar, Nagpur, due to which he died. After investigation, name of the present applicant and other co-accused persons was arraigned as an accused. 4. Learned Counsel for the applicant submits that absolutely there is no involvement of the present 2 26.BA.597.2026 applicant in the alleged crime and there is no allegation against the applicant. The applicant is the father of accused nos.6 and 15 and uncle of main accused. In the entire episode of murder of Avinash, no role has been attributed to the applicant. Learned Counsel for the applicant has invited my attention to the allegations against the applicant, wherein it has been specifically stated that he used to give money to accused persons. However, there is no specific allegation that for the purpose of murder of the deceased Avinash, he has aided by giving money to the main accused person. Merely he is the father of the some accused and uncle of the main accused is not sufficient to implicate him in the crime. Even in the statement recorded under Section 18 of the MCOCA, according to the learned Counsel, only allegation against the present appliant is that one of the accused person namely Shaikh Shahid Shaikh Akhtar was in need of Rs.10,000/- for the operation of his wife. He had taken that amount from the present applicant on interest. However the statement does not show that the said amount was given by the applicant for committing the murder of deceased Avinash and therefore, considering the material collected by the Investigating Officer against the applicant, the applicant deserves to be enlarged on bail. 5. On the other hand, learned APP vehemently opposes the application on the ground that against the applicant provisions of MCOCA have been invoked as sanction was granted. The applicant has played active role in the entire episode. Though he is not directly 3 26.BA.597.2026 involved in the alleged crime, however he has aided one of the accused person by giving Rs.10,000/- and therefore, considering the role played by the applicant and as the applicant is the uncle of the main accused and father of accused nos. 6 and 15 the applicant with common intention has committed the murder of the deceased as there was gang war between two groups. So far as the son of the applicant is concerned, he was murdered by the rival group of Shekhu gang and the applicant is the member of the rival gang, and therefore, considering all these factors, the application is prayed to be rejected. 6. I have considered the rival submissions and perused the record. It appears that the applicant is not directly involved in the present crime. It is alleged against him that the applicant has aided one of the accused namely Sheikh Shahid Shaikh Akhtar by giving Rs.10,000/- on interest for the treatment of his wife, which does not depict that the present applicant has given the amount for the purpose of killing deceased Avinash. Apart from these, there is nothing on record to show that the applicant is involved in the crime. Even the learned APP is unable to point out that the applicant has participated in the commission of crime. Merely the applicant is the father of accused nos. 6 and 15 and uncle of main accused, is not itself sufficient to connect the applicant with the present alleged crime. Since the investigation is complete and charge-sheet is filed and that the applicant is in jail since 08.05.2025, I am inclined to enlarge the applicant on bail. Hence the 4 26.BA.597.2026 following order : (a) The application is allowed. (b) The applicant Dhiraj s/o Hiralal Hiranwar in connection with Crime No.200 of 2025 registered with Ambazari Police Station, Nagpur City for the offence punishable under Sections 103(1), 103(2), 61(2), 3(5), 249, 238 of the Bharatiya Nyaya Sanhita (BNS), 2023, Sections 3, 4, 25, 7 and 27 of the Arms Act, 1959, Section 135 of the Maharashtra Police Act and Sections 3(1)(i)(ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act be released on bail on furnishing P.R. bond of Rs.50,000/- with one 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 applicant shall provide his residential address and cell number to the Police Station concerned and shall not change his 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 5 26.BA.597.2026 even 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. (M.M. NERLIKAR , J. ) Trupti