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2026 DAILYLAW 1647 (BOM)

OMKAR SANTOSH CHAVAN v. THE STATE OF MAHARASHTRA

BA/1153/2026 · 2026-07-07

Shri Abhay S Waghwase

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Judgment text

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BA-1153-2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1153 OF 2026 OMKAR S/O SANTOSH CHAVAN VERSUS THE STATE OF MAHARASHTRA THROUGH POLICE OFFICER, POLICE STATION M.I.D.C. LAUTR ….. Mr. P. P. More, Advocate for the Applicant. Mr. D. J. Patil, APP for Respondent-State. ..... CORAM : ABHAY S. WAGHWASE, J. Reserved on : 06.07.2026 Pronounced on : 07.07.2026 ORDER : 1. Instant regular bail application is in consequence to crime bearing no. 063 of 2026 registered at M.I.D.C. Latur Police Station, District Latur for offences punishable under Sections 109(1), 351(2), 352, 189(2), 189(4), 190, 191(3) of BNS and under Sections 4, 25 of Arms Act. 2. Pointing to the date of arrest of applicant as 10.03.2026, learned counsel submitted that, present applicant was not named in the FIR. That, only six other persons are named. Subsequently he is tried to be involved, but no specific act is attributed to him. Learned counsel pointed out that, even otherwise injury suffered is simple in nature. Investigation is over and chargesheet is already filed on 28.04.2026, but charge is not yet framed and there are no immediate 2026:BHC-AUG:26397 BA-1153-2026 -2- chances of commencement of trial and hence, relief of bail is urged for. 3. Learned APP opposed on the ground that, serious offence is committed. There is use of deadly weapon like katti. That, applicant is specifically named by one Krushna Sanjay Waghmare. That, there is every possibility of misuse of liberty and on such grounds, bail is opposed. 4. Heard. Perused the papers. 5. FIR dated 05.02.2026 is at the instance of Shreyas Suryawanshi. It is reported that on 04.02.2026, while he had been to a grocery shop, at that time one Ganesh Mashalkar, who was under influence of some substance, abused him for no reason and therefore was questioned. It is reported that around 9.30 p.m. when he went to a pan shop with his friends, Ganesh Mashalkar, Nitin Dhangule and four unknown persons came in auto rickshaw and Ganesh Mashalkar inflicted blow with katti on his hand. Thereafter Ganesh also issued threats to kill after which Nitin Dhangule and Ganesh Mashalkar again gave blows of katti on waist and back, but complainant managed to escape. BA-1153-2026 -3- 6. Thus, though present applicant’s name does not figure in the names of persons provided in the FIR, his name does figure in the statement of one Krushna Waghmare, who was with the informant at the time of incident and he had clear opportunity to witness the occurrence. Injury certificate of informant Shreyas shows that he had suffered stab injury over thoracic region and contused lacerated wound on left hand. First injury, i.e. stab injury is grievous. There is linear displaced fracture to the right 10th rib also. Patient was admitted from 05.02.2026 to 14.02.2026. Therefore, though name of applicant does not figure in the FIR, the very companion of complainant has named him and has also defined his role. Failure of informant to specifically name applicant, itself is no good ground to extend benefit of bail. Resultantly, taking such material into consideration, following order is passed : ORDER I. Application is rejected. II. Applicant is at liberty to move afresh for bail if charge is not framed within six months. [ABHAY S. WAGHWASE, J.] vre