1 38 BA 1198.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1198/2026 (Rushikesh S/o. Ajay Mandape & Akshay S/o. Anil Meshram 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. A. Hunge, Adv. h/f Mr. O.K. Masurke, Adv. for applicants. Ms. P.C. Bawankule, APP for non-applicant/State. Mr. S. S. Oza,Advocate for assisting the prosecution. CORAM: M. M. NERLIKAR, J . DATED : 28/09/2026. Heard. 2. By this application, the applicants are seeking bail in connection with Crime No. 306/2026 registered with Police Station Hudkeshwar, Nagpur city, Dist. Nagpur for the offences punishable under Sections 109(1), 118(1), 333,189(2), 191(2), 190, 352, 324(4) of the Bharatiya Nyaya Sanhita. 3. The First Information Report (“FIR”) came to be lodged by the informant, i.e., the Manager of S. K. Bar against the accused persons namely, Rushabh Sonawane, Yash Dahikar and Sumit Waghmare, along with 8 to 10 other unknown persons. It is alleged that on 15/04/2026, the informant, along with other staff members of S. K. Bar, was present in the Bar. At about 12:00 midnight, they closed the Bar. After about 15 to 20 minutes, three persons 2 38 BA 1198.26.odt arrived at the entrance gate of the Bar and started abusing the staff and asking them to open the gate. Accordingly, the informant went to the gate and asked them why they were abusing. At that time, they stated that they wanted to sit in the Bar and consume liquor. The informant informed them that since the Bar was closed, they could not sit there and consume liquor, but they could take liquor parcels. Thereafter, the applicants became furious, started creating a ruckus, and called their friends. Accordingly, after about 15 minutes, 8 to 10 persons came there and entered the Bar by jumping from the gallery situated beside the gate. When the informant asked them why they had entered the Bar, one of them went towards the counter and assaulted the informant on his head with an empty glass bottle, thereby causing an injury to his head. They also assaulted the son of the Bar owner and other staff members by means of fist and kick blows. They further broke 15 to 20 liquor bottles and caused damage to the window glass of the Bar. Thereafter, the police arrived at the spot and took the three persons and the informant to the police station. On the basis of the aforesaid facts, the FIR came to be registered. 3 38 BA 1198.26.odt 4. The learned counsel for the applicants submits that the main allegations in the FIR are attributed to one Sudhanshu Tembhare. He further submits that, so far as the applicants are concerned, there are no allegations of any overt act. Though it is alleged that the applicants jumped over the compound wall of the Bar and assaulted the persons present there by means of fist and kick blows, it is Sudhanshu Tembhare who allegedly assaulted the injured person with liquor bottles. The injuries sustained by the injured persons are simple in nature. Considering the nature of the allegations, the applicants deserve to be granted bail. 5. On the other hand, the learned APP and the learned counsel assisting the prosecution vehemently oppose the application and submit that the Bar was closed at 12.00 in the midnight on 15/04/2026. Initially, three persons came there, and they were insisting to open the door as they wanted to drink the liquor. However, the son of the Bar owner and other staff declined to open the gate. Thereafter, they jumped from the said compound and entered into the Bar and started abusing and assaulting the informant and other members of the staff and accordingly they sustained serious injuries. Though the injuries appear 4 38 BA 1198.26.odt to be simple, however, those are on vital part of the body. They submit that the applicants along with other co- accused persons with a common object, have committed the offence and merely that the major role is not attributed to the applicants, that by itself is not sufficient, since all are responsible for the said act. They further submit that the applicant was seen in the CCTV footage. Therefore, they prayed to reject the bail application. 6. Upon consideration of the submissions of both sides and after perusal of the transcript of the CCTV footage, it appears that the applicant was present at the time of the incident along with the other co-accused persons. However, it appears that the role attributed to the present applicant is minimal, i.e., limited to his presence at the spot. No doubt, so far as the incident is concerned, it occurred in the midnight of 15/04/2026. It further appears that the applicant, along with the other co-accused persons, jumped over the compound wall of the Bar, entered the Bar, and assaulted the staff members of the said Bar. However, since the role attributed to the applicants is of a minimal nature and there is no overt act attributed to them, I am inclined to grant bail. Hence, the following order: 5 38 BA 1198.26.odt ORDER (i) Criminal application is allowed and disposed of. (ii) The applicant/accused Rushikesh S/o Ajay Mandape & Akshay S/o Anil Meshram be released on bail in connection with Crime No. 306/2026 registered with Police Station Hudkeshwar Nagpur city, Dist. Nagpur for the offences punishable under Sections 109(1), 118(1), 333,189(2), 191(2), 190, 352, 324(4) of the Bharatiya Nyaya Sanhita on their furnishing P.R. Bond of Rs. 50,000/- each 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 their residential address and cell number to concerned Police Station and shall not change their 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 they fail to attend the trial on even a single date or fail to comply with the aforesaid conditions, their default would entail the State to ask for cancellation of bail. 7. Pending application (s), if any, stand disposed of accordingly. 6 38 BA 1198.26.odt 8. 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 observations. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 29/09/2026 17:18:28