1 21-Cr.ABA-867-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [A.B.A.] NO. 867 OF 2026 Dharmraj Abhimanyue Gaikwad -- VERSUS -- The 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. Sajid Varshani, Advocate for the Applicant. Mr. U.R. Phasate, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : OCTOBER 08, 2026. Heard. 2. Apprehending arrest, the accused has approached this Court in connection with Crime No.273/2026 for the offences punishable under Sections 75, 79, 356 of the Bharatiya Nyaya Sanhita, 2023 and Section 67 of the Information Technology Act, 2000, registered with Police Station Digras, District Yavatmal. 3. As per the First Information Report (F.I.R.), the informant alleged that, on 07/04/2026, the applicant posted certain obscene, derogatory and insulting remarks about her in various WhatsApp groups and had also made similar posts on earlier occasions, thereby causing her mental harassment and defaming her. The informant further alleged that the applicant Piyush Mahajan 2026:BHC-NAG:13481 2 21-Cr.ABA-867-2026 had previously been involved in a similar incident with her sister-in-law, namely Deepmala. She stated that both these incidents had caused her mental disturbance and harassment. She further alleged that the applicant possessed a pistol and that there was an apprehension that he could cause harm to her family at any time. Based on these allegations, the F.I.R. came to be registered on 08/04/2026. 4. The learned counsel for the applicant submits that the informant is harassing the applicant by registering offences one after another. He submits that there is no substance in the allegations made against the applicant. It is alleged that the applicant had posted messages on a WhatsApp group containing serious allegations against the informant and had also posted obscene and humiliating messages against her. The learned counsel submits that the applicant was issued a notice under Section 35(3) of the BNSS, wherein he was informed that the Investigating Officer did not require the custody of the applicant. Therefore, the learned counsel submits that, considering the facts and circumstances of the case, the applicant deserves protection. 5. On the other hand, the learned A.P.P. submits that, after registration of the present crime, three more offences have been registered against the applicant. Though the Investigating Officer has issued a notice under Section 35(3) of the BNSS, the applicant has not appeared before the Investigating Officer as Piyush Mahajan 3 21-Cr.ABA-867-2026 directed, as he wanted to file the charge-sheet. Under such circumstances, he submits that the applicant does not deserve to be granted bail. 6. Upon consideration of the submissions of both sides and upon perusal of the F.I.R. and the case diary produced by the learned A.P.P., it appears that the maximum punishment prescribed is three years. Even the Investigating Officer, in specific terms, has stated that he does not require the custody of the applicant. Considering all these factors, I am inclined to allow the application. Hence, the following order:- O R D E R i) The Criminal Application is allowed and disposed of; ii) In the event of arrest of applicant (Dharmraj Abhimanyue Gaikwad) in connection with Crime No.273/2026 for the offences punishable under Sections 75, 79, 356 of the Bharatiya Nyaya Sanhita, 2023 and Section 67 of the Information Technology Act, 2000, registered with Police Station Digras, District Yavatmal, be released on bail on furnishing a P.R. bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount; iii) The applicant shall attend the concerned Police Station on Sunday between 11.00 a.m. to 02.00 p.m. of Piyush Mahajan 4 21-Cr.ABA-867-2026 every month or as and when called by the Investigating Officer and shall cooperate with the Investigating Agency; iv) The applicant shall not tamper with the prosecution evidence or threaten the prosecution witnesses. v) The applicant shall not contact the informant, directly or indirectly, or through any other mode of communication. vi) Pending Misc. Application(s), if any, also stand disposed of; vii) 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.) Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 08/10/2026 18:36:46