Order 081026ba1273.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 1273 OF 2026. Ankush Arvind Waghmare -VERSUS- State of Maharashtra. Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri P.M. Vishwarupe, Advocate for the Applicant. Shri H.R. Dhumale, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : OCTOBER 08, 2026. Heard learned Counsel for the parties. 2. The applicant came to be arrested in connection with Crime No.64/2026 registered with Ambazari Police Station, Nagpur City for the offences punishable under Sections 109[1], 189[2], 189[4], 191[2], 191[3], 61[2] of the Bharatiya Nyaya Sanhita, 2023 (BNS), Sections 4 and 25 of the Arms Act and Section 135 of the Maharashtra Police Act, 1951. Rgd. 2026:BHC-NAG:13531 Order 081026ba1273.26 2 3. The first information report came to be lodged by Pooja Chaudhari (sister of injured), alleging that she received a telephonic information that on 14.03.2026 at 11 p.m. her brother was assaulted by some persons with the help of knife. The informant was told by the injured that applicant’s party due to prior dispute and grudge assaulted him with an intention to kill him. The said assault was with the help of knife and sickle, which caused serious injuries to the injured. Hence, the report. 4. The learned Counsel for the applicant submits that though the applicant has been named by the injured in his statement, as part of the unlawful assembly, however, there is no overt act specifically attributed to the applicant. Infact there was an enmity between co-accused Vishal Pillewan and one Sunny, who is friend of the injured. It is submitted that the incident occurred on 14.03.2026 at about 11 p.m., wherein it is alleged that Vishal and other co-accused, including the present applicant went to Shiv Sena office, where the injured and his friends were chitchatting. It is alleged that 10 to 12 persons (named and unnamed accused) arrived on Rgd. Order 081026ba1273.26 3 the spot on 5-6 motorcycles, and started quarelling with informant’s party. At that time the injured intervened and thereafter the mob started beating the injured. All the accused persons have given blow with the help of deadly weapons i.e. knife and sickle. The learned Counsel submits that there are allegations against the applicant that he has given blow, however, if all 10 to 12 accused persons have assaulted with deadly weapon, the injured would have sustained many injuries, however, only 8 injuries are found on the person of the injured, therefore, the learned Counsel submits that considering the nature of allegations and fact that this Court has already released one of the co-accused Avinash Waghmare on bail, even present applicant deserves to be released on bail. 5. On the other hand, the learned A.P.P. vehemently opposed the application by submitting that the first information report was lodged by the sister of the injured. Inviting attention to the statement of the injured, he submits that it shows that the accused persons came to the shiv sena office, where the victim was chitchatting with his friends. As co-accused Vishal was having enmity with the group of Rgd. Order 081026ba1273.26 4 injured, they started beating the injured, as he intervened in the quarrel between Vishal and Sunny. He submitted that 10- 12 persons arrived on motorcycle and chased the injured and gave blows with the help of knife and sickle. The learned A.P.P. invited my attention to the injury certificate to demonstrate that there are serious blows and other injuries on the person of the injured. In view of the CCTV footage transcript, wherein 6 persons were shown assaulting the injured one after another, however, all the accused persons had masked their face, therefore, role of applicant cannot be separated. Further it was submitted that it was specifically stated by the injured that all the accused persons have assaulted him with the help of knife and sickle. He submitted that the applicant was identified in the test identification parade by the injured. The learned A.P.P. further submits that the applicant is having one criminal antecedent under the provisions of N.D.P.S. Act, and therefore, in such circumstances, the applicant does not deserve to be released on bail 6. Upon consideration of the submissions of both Rgd. Order 081026ba1273.26 5 sides, no doubt so far as the allegations are concerned, those appear to be serious in nature. The applicant has been named by the injured in the statement. After perusal of the injury certificate 4 injuries of grievous nature were found on the person of the injured. All the 4 injuries are on Arms, Chest and Abdomen. Perusal of the CCTV footage demonstrates that description of clothes of 6 persons have been given, which goes to show that they have inflicted blows with the help of knife one after another. Though prima facie it appears that there are serious allegations, no specific role was attributed to the applicant. Be that as it may, so far as the applicant is concerned, his clothes were seized by the investigating agency. Perusal of the said seizure panchnama goes to show that those clothes do not match with the description of clothes of accused persons visible in the CCTV footage. It is further to be noted that no doubt the applicant was identified, however, it is not clear from the record that it was the applicant who has also inflicted blows with the help of knife. It is also to be noted that apart from 4 grievous injures and one simple injury appears in the injury certificate, I do not see any other injury. Rgd. Order 081026ba1273.26 6 Had it been a case that 10 to 12 persons assaulting with the help of deadly weapons like knife and sickle, then more than 4 grievous injuries ought to have been sustained by the injured. Considering all these factors, I am of the considered opinion that the applicant has made out a case for grant of bail. Hence the following order. ORDER (i) Criminal Application is allowed and disposed of. (ii) The applicant /accused Ankush Arvind Waghmare be released on regular bail in connection with Crime No.64/2026 registered with Ambazari Police Station, Nagpur City for the offences punishable under Sections 109[1], 189[2], 189[4], 191[2], 191[3], 61[2] of the Bharatiya Nyaya Sanhita, 2023 (BNS), Sections 4 and 25 of the Arms Act and Section 135 of the Maharashtra Police Act, 1951 on his furnishing P.R. Bond of Rs.50,000/- with two sureties in the like amount. (iii) The accused shall not enter within the territorial jurisdiction where the informant is residing, till the completion of the trial. (iv) The accused shall not directly or indirectly Rgd. Order 081026ba1273.26 7 make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. (v) The accused shall provide his residential address and cell number to Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency. (vi) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for one single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. (vii) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial. (viii) Misc. Applications, if any, are also disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 09/10/2026 15:33:12