1 28. BA 1162 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.1162 OF 2026 LAKHAN DEEPAK WADVE VERSUS STATE OF MAHARASHTRA THR PSO., PS YASHODHARA NAGAR, NAGPUR Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. S.S. Kulkarni, Advocate for Applicant. Ms. S.N. Thakur, APP for Non-Applicant-State. CORAM : M.M. NERLIKAR, J. DATED : 08th OCTOBER 2026 PER COURT :- 1. Heard learned Counsel for the applicant and learned APP for the State. 2. By this application, the applicant is seeking bail in connection with Crime No.149 of 2025, registered with Police Station Yashodhara Nagar, Nagpur City, for the offences punishable under Sections 103(1), 103(2), 111(2), 115(2), 189(1) 189(2), 189(4), 190, 191(2), 191(3), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The brief facts of the prosecution case are that the FIR was lodged by the informant viz. Yash Wadve, alleging that during the marriage ceremony of the informant's sister, co-accused Birju, along 2026:BHC-NAG:13500 2 28. BA 1162 of 2026.odt with the applicant and other co-accused, created disturbance at the venue. When the deceased intervened, an incident took place in which he sustained serious injuries. He was immediately shifted to the hospital, where he was declared dead during treatment. Accordingly, the present crime came to be registered against the applicant and other co-accused. 4. At the outset, learned Counsel for the applicant invites my attention to the order passed by this Court dated 29.06.2026, in Criminal Application (BA) No.584 of 2026, in respect of accused Sujal Dilip Uikey and submits that the reasons recorded in the said order would squarely be applicable to the applicant also. She submits that the applicant has not played any role in the entire episode of murder. She submits that the overt act has been attributed to co-accused Aryan @ Immu Lankesh Uike, however, the trial court has granted him bail even though there are antecedents against him. She submits that the applicant and Aryan were also accused in Crime No.1306 of 2018, for the offences punishable under Sections 302, 324, etc. of the Indian Penal Code, 1860 (for short, “IPC”), however, the trial court has released the applicant on bail considering his age. She submits that the applicant is in jail since 22.02.2025 and therefore, as this Court and the trial court have granted bail to co-accused persons, she 3 28. BA 1162 of 2026.odt submits that the applicant deserves to be granted bail on the ground of parity. 5. On the other hand, learned APP vehemently opposed the application and submits that this is second similar crime of murder registered against the applicant. The applicant is the history-sheeter and gang leader operating in Yashodhara Nagar, Nagpur. She submits that though the role of co-accused Sujal, who has been granted bail by this Court, is similar, however, considering the history of the applicant, the applicant does not deserve to be granted bail. 6. I have considered the submissions of both the sides. Upon perusal of the reasons recorded by this Court in the order dated 29.06.2026, passed in Criminal Application (BA) No.584 of 2026, I am of the considered opinion that the same reasons would be applicable to the present applicant as well. It is to be noted that two crimes were registered against the applicant in the year 2018. Crime No.495 of 2018 was registered at Jaripatka Police Station for the offences punishable under Section 324 read with 34 of IPC, whereas Crime No.1306 of 2018 was registered at Jaripatka Police Station for the offences punishable under Sections 302, 324, 114 read with 34 of IPC and Section 135 of the Maharashtra Police Act. Another crime, being Crime No.454 of 2024, was registered at Jaripatka Police 4 28. BA 1162 of 2026.odt Station for the offences punishable under Sections 364-A, 324, 323, 342, 506(B), 143, 147, 148 read with 149 of IPC. However, it appears that the applicant has been acquitted in Crime No.454 of 2024. So far as Crime No.1306 of 2018 is concerned, though it was registered for the offences punishable under Sections 302, 324, 114 read with 34 of IPC and Section 135 of the Maharashtra Police Act, it was registered in the year 2018. Therefore, I am of the considered opinion that, that by itself will not preclude this Court from granting bail to the applicant considering his role in the present crime and therefore, for the reasons recorded in the order dated 29.06.2026, the applicant deserves to be granted bail. Hence, the following order. ORDER i) The Criminal Application is allowed and disposed of. ii) The applicant/accused viz. Lakhan Deepak Wadve, be released on bail in connection with Crime No.149 of 2025, registered with Police Station Yashodhara Nagar, Nagpur City, for the offences punishable under Sections 103(1), 103(2), 111(2), 115(2), 189(1), 189(2), 189(4), 190, 191(2), 191(3), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, on furnishing a P.R. Bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties in the like amount. 5 28. BA 1162 of 2026.odt 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 his residential address and cell number to concerned Police Station and shall not change his 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 he fails to attend the trial on even a single date or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. vi) Pending applications, if any, stand disposed of. 7. 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.) asd