1 47-Cr.BA-1264-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1264 OF 2026 Navan s/o Ashok Baddamwar -- 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. V.R. Deshpande, Advocate for the Applicant. Mr. A.M. Kadukar, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : OCTOBER 06, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.56/2026 for the offences punishable under Sections 309(4), 118(1), 126, 324(2), 351(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Patan, District Yavatmal. 3. The First Information Report (F.I.R.) was registered on the basis of the report lodged by the informant, a truck driver, alleging that on 14/03/2026, while he and his friend were proceeding towards Adilabad in separate trucks, the accused persons intercepted their vehicles near Yedlapur Phata. It is alleged that one of the accused Piyush Mahajan 2026:BHC-NAG:13329 2 47-Cr.BA-1264-2026 assaulted the informant and his friend with a stone and by kicks and fists, causing injuries, and also bit the informant’s thumb. It is further alleged that the accused persons again intercepted them near Durbha Phata, damaged the windshield of the friend’s truck, and threatened them. Based on these allegations, the First Information Report (F.I.R.) came to be registered. 4. The learned counsel for the applicant submits that the alleged incident had occurred in the night of 14/03/2026 between 22:30 and 22:50 hours. It is alleged against the applicant that the applicant, while driving his car on the highway, was not given side by 2 trucks, therefore, he overtook the said trucks, stopped those trucks and assaulted the drivers of both the trucks. During the investigation, the statement of the other truck driver, namely, Pawan, was recorded, wherein he has alleged that the applicant and the other co-accused have snatched an amount of Rs.3,000/- from the said Pawan, and therefore, Section 309(4) of the BNS was added. According to the learned counsel, the entire story is concocted in order to create gravity, the police officials have falsely implicated them under Section 309(4) of the BNS. When the F.I.R. was registered initially, it was not disclosed that the applicant and Piyush Mahajan 3 47-Cr.BA-1264-2026 co-accused have snatched an amount of Rs.3,000/- from the said Pawan. Under such circumstances, he submits that, even if the allegations are taken as it is, no serious offence has been committed by the applicant, and therefore, the applicant deserves to be granted bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that, at an earlier point of time, in the year 2024, an offence under Section 302 IPC was registered against the applicant, wherein certain conditions were imposed on him particularly that the applicant shall not enter into the vicinity of village Jarijamni. He submits that, by committing the present offence in the vicinity of village Jarijamni, the applicant has violated the condition of the bail order which was granted by this Court under Section 302 IPC. He submits that the State has applied for cancellation of the said bail on the ground of violation of the conditions. So far as the present case is concerned, there are serious allegations against the applicant, as it is alleged that the applicant and co-accused have snatched an amount of Rs.3,000/- from the driver, Pavan and assaulted both the victims. Under such circumstances, he submits that the applicant does not deserve to be granted bail. Piyush Mahajan 4 47-Cr.BA-1264-2026 6. I have considered the submissions of both sides. It appears that, initially, Section 309(4) was not added. Even there are no allegations regarding the said incident in the F.I.R. The allegations are that the informant and Pawan were driving trucks loaded with cement and they had not given side to the present applicant and the other co- accused who was in Nexon car. After travelling some distance, the applicant and the co-accused stopped their vehicle by overtaking them and, thereafter, they assaulted both the drivers with the help of stones. It further appears that they pelted stones at the truck, which caused damage of approximately Rs.5,000/-. However, it appears that, after registration of the F.I.R., the statement of the other victim, Pawan, who was driving the other truck, was recorded, wherein it was alleged that the applicant and the co-accused had snatched an amount of Rs.3,000/- from Pawan, and accordingly, Section 309(4) was added. Upon consideration of the entire material and after going through the injury certificates, it appears that the injuries sustained by both the victims are simple in nature. Therefore, considering the entire record, I am inclined to grant bail, as the investigation is over and the charge-sheet is filed, by imposing stringent conditions. Hence, the following order:- Piyush Mahajan 5 47-Cr.BA-1264-2026 O R D E R (i) The Criminal Application is allowed; (ii) The applicant / accused (Navan s/o Ashok Baddamwar) be released on regular bail in connection with Crime No.56/2026 for the offences punishable under Sections 309(4), 118(1), 126, 324(2), 351(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Patan, District Yavatmal, 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 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; (iv) The accused 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; (v) Once the trial commences, the accused shall attend each and every date of trial regularly. If he fails to attend the trial for one Piyush Mahajan 6 47-Cr.BA-1264-2026 single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail; (vi) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same; (vii) 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: 07/10/2026 11:15:43