1 14. ABA 828 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.828 OF 2026 YASH SHASHIKANT KATE VERSUS THE STATE OF MAHARASHTRA THR. PSO, PS KOTWALI, AMRAVATI Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. M.N. Ali, Advocate for Applicant. Mr. H.D. Marathe, APP for Non-Applicant-State. CORAM : M.M. NERLIKAR, J. DATED : 12th OCTOBER 2026 PER COURT :- 1. Heard learned Counsel for the applicant and learned APP for the State. 2. Apprehending arrest, the applicant has approached this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of anticipatory bail, in connection with Crime No.126 of 2026, registered with Police Station Kotwali, Amravati City, for the offences punishable under Sections 109(1), 115(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”) and Section 135 of the Maharashtra Police Act. 3. The brief facts of the prosecution case are that on 26.03.2026, during the Ram Navami procession, an altercation took 2026:BHC-NAG:13648 2 14. ABA 828 of 2026.odt place between the informant’s party and applicant and other co-accused persons. Though the dispute was initially settled, the applicant allegedly called the informant and his friends at the spot of incident for settling the dispute. At that time, at about 11.45 p.m., when informant’s party reached the spot, the applicant and co-accused caught hold Pawan from behind and accused Sarvesh inflicted a blow with the help of knife on the abdomen of Pawan, injuring Pawan seriously. Hence, the FIR. 4. Learned Counsel for the applicant submits that the applicant was not present on the spot at the time of incident. He has heavily relied on CCTV footage, installed at his house, wherein the applicant is alleged to be seen in the CCTV footage talking on his phone. He, therefore, submits that the applicant is falsely implicated in the crime and prays for grant of anticipatory bail. 5. On the other hand, learned APP opposes the application and submits that the FIR was lodged immediately. There is no question of implicating the applicant falsely. He submits that the injured has also disclosed the name of the applicant. It is the applicant who is instrumental in committing the crime. He submits that the allegations against the applicant are that, due to petty reason, he called the injured Pawan and his friends on the closed flyover and 3 14. ABA 828 of 2026.odt immediately, thereafter, a scuffle took place between them, during which the applicant and co-accused assaulted the injured with fist and kick blows. Thereafter, the applicant caught hold the injured from behind and co-accused Sarvesh Bilbile inflicted knife blow on the abdomen of the injured. It is contended that the applicant has played active role in the entire incident and is instrumental in calling the injured Pawan on the spot of incident. Apart from the merits of the case, he submits that five serious offences are registered against the applicant and he is a history-sheeter. Therefore, he prays to reject the application. 6. Upon consideration of the submissions of both the sides, it appears that the incident took place on 26.03.2026, at about 11.45 p.m. It further appears that the friend of the injured has lodged the report, who is also an eyewitness. The FIR was registered immediately after the incident i.e. on the same night. It is noted from the material placed before me that though the applicant is taking shelter of plea of alibi, however, at this stage, it is very difficult to accept the said contention for the reason that the informant, who is also an eyewitness, has disclosed the name of the applicant. It is further to be noted that it is the applicant, who had called injured Pawan on the spot. Not only that, he has actively participated in the entire episode and also caught hold the injured from behind, due to which, accused 4 14. ABA 828 of 2026.odt Sarvesh was able to inflict a fatal blow on the abdomen of the injured Pawan. 7. Upon perusal of the injury certificate, it is noted a serious blow, which was allegedly inflicted by accused Sarvesh. The said injury is grievous in nature. Apart from the merits of the case, five serious offences are registered against the applicant i.e. Crime No.258 of 2023, under Sections 307, 504, 34 of IPC along with Section 4/25 of the Arms Act, Crime No.422 of 2024, under Section 65(a)(e) of the Maharashtra Prohibition Act, Crime No.702 of 2022, under Sections 307, 109, 504, 34 of IPC, Crime No.850 of 2023, under Section 4/25 of the Arms Act along with Section 135 of the Maharashtra Police Act, Crime No.156 of 2026, under Section 65(e) of the Maharashtra Prohibition Act and Crime No.429 of 2024, under Sections 103(1), 189(2), 191(2), 191(3), 190, 61(2) of BNS read with Section 4/25 of the Arms Act and Sections 135 and 142 of the Maharashtra Police Act. 8. Considering the overall scenario of the matter on merits as well as considering the crime chart of the applicant, I am of the considered opinion that the applicant does not deserve to be granted anticipatory bail as he is not a law abiding citizen. Under such circumstances, I am not inclined to grant anticipatory bail to the applicant. Hence, the criminal application is rejected. 5 14. ABA 828 of 2026.odt 9. Pending applications, if any, stand disposed of. (M.M. NERLIKAR, J.) asd