1 41-Cr.BA-1216-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1216 OF 2026 Altamash Khan Shahzad Khan -- VERSUS -- State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. Dhruv Sirpurkar, Advocate h/f. Mr. S.V. Sirpurkar, Advocate for the Applicant. Ms. S.N. Thakur, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 29, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.113/2025 for the offences punishable under Sections 103(1), 238(a) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 25 of the Arms Act, registered with Police Station Patur, District Akola. 3. This Court by order dated 07/07/2026 has granted bail to one Nawaz Shah Barkat Shah in Criminal Application [B.A.] No.738/2026. 4. The learned counsel for the applicant submits that the present applicant is standing on the same footing, and therefore, claims parity. The only Piyush Mahajan 2026:BHC-NAG:12919 2 41-Cr.BA-1216-2026 difference is that the recovery of a knife has been shown from the applicant. Apart from that, there is no other incriminating material to connect the applicant with the alleged crime. 5. On the other hand, the learned A.P.P. vehemently opposed the application and submits that the role of Nawaz Shah Barkat Shah and the present applicant cannot be equated, as recovery under Section 23 of the BSA was made from the applicant, under such circumstances, she pray for rejection of the bail application. 6. Upon consideration of the submissions of both the sides, it appears that so far as the role of the present applicant is concerned, the applicant appears to be on the same footing as that of Nawaz Shah Barkat Shah. Though the recovery was shown to be made from the applicant, however, in the present case, the same can be considered at the time of trial. Under such circumstances, considering the nature of the allegations and since Nawaz Shah Barkat Shah has been granted bail, I am of the considered opinion that even the present applicant can be granted bail on the same terms and conditions as those applicable to Nawaz Shah Barkat Shah. Hence, the following order: Piyush Mahajan 3 41-Cr.BA-1216-2026 O R D E R (i) The Criminal Application is allowed; (ii) The applicant/accused (Altamash Khan Shahzad Khan) be released on regular bail in connection with Crime No.113/2025 for the offences punishable under Sections 103(1), 238(a) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 25 of the Arms Act, registered with Police Station Patur, District Akola, on his furnishing a P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount; (iii) The accused shall not enter within the territorial jurisdiction where the informant is residing, till the completion of the trial; (iv) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, and also shall not tamper with the evidence; (v) The accused shall provide his residential address and cell number to the Police Station concerned and shall not change his Piyush Mahajan 4 41-Cr.BA-1216-2026 place of residence without prior intimation to the Investigating Agency; (vi) Once the trial commences, the accused shall attend each and every date of trial regularly. If he fails to attend the trial for one single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail; (vii) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same; (viii) Pending Misc. Application(s), if any, also stand disposed of. [ M.M. NERLIKAR, J ] Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 29/09/2026 20:11:03