1 24-Cr.BA-1218-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1218 OF 2026 Gajanan S/o Janrao Lonagre -- 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. P.U. Kavishwar, Advocate for the Applicant. Mr. A.B. Badar, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : OCTOBER 09, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.260/2026 for the offences punishable under Sections 103(1), 118(1), 333, 238(A) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Pinjar, District Akola. 3. Brief facts of the prosecution case are that the informant, Balwant Sitaram Wagh, reported that on 04/05/2026, his granddaughter, Vijaya, informed him that the present applicant, Shankar Lonagre, and Sanjay Lonagre had allegedly assaulted his grandson, Prithviraj Wagh, with an iron pipe at around midnight, causing him serious injuries. Piyush Mahajan 2026:BHC-NAG:13544 2 24-Cr.BA-1218-2026 Therefore, she called an ambulance and took the injured for treatment. Based on these allegations, the First Information Report (F.I.R.) came to be registered on 06/05/2026. 4. The learned counsel for the applicant submits that there is no material against the applicant. Though the name of the applicant appears in the F.I.R., it is alleged that three accused persons inflicted fatal blows to the deceased, Prithviraj, with an iron rod, resulting in his death. He submits that the F.I.R. was registered on the basis of hearsay evidence. In fact, the incident of assault was disclosed by the sister of the deceased, who stated that the deceased had informed her that Shankar Lonagre, a resident of their village, his relatives, namely Sanju and Gajanan (the present applicant), and one unknown person were involved in the assault. He submits that the said statement was recorded on 08/05/2026 and is an afterthought; therefore, it cannot be relied upon. He further submits that, apart from the said statement, there is nothing on record to connect the present applicant with the alleged crime. Under such circumstances, he prays that the applicant be released on bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that Piyush Mahajan 3 24-Cr.BA-1218-2026 the name of the present applicant appears in the F.I.R. itself, wherein it is stated that all the accused persons brutally assaulted the deceased. The post- mortem report records 21 injuries on the deceased. It also reveals a fracture of the fourth metacarpal bone of the right hand on dissection. He further submits that there was a subscalp haematoma measuring 2 cm × 1 cm over the frontal region, which was dark red in colour, as well as a subscalp haematoma measuring 4 cm × 3 cm over the right temporal region, which was also dark red in colour. The cause of death was attributed to blunt injuries sustained over the head and body. He submits that the deceased was brutally assaulted by all the accused persons, including the present applicant. The learned A.P.P. further submits that Vijaya, the sister of the deceased, disclosed the incident to their grandfather, who is the informant, and accordingly, the informant mentioned the names of all the accused persons in the F.I.R. He further submits that, in her statement, Vijaya disclosed that the incident had occurred on 04/05/2026 at around 12:00 midnight and that the deceased had narrated the incident to her. The deceased allegedly disclosed that co-accused Shankar Lonagre sat on his chest and assaulted him with an iron pipe. The present Piyush Mahajan 4 24-Cr.BA-1218-2026 applicant, co-accused Sanju, and one other unknown person had also assaulted him. Therefore, the learned A.P.P. submits that the said disclosure constitutes an oral dying declaration and that there is no reason to disbelieve it. On the contrary, he submits that the 21 injuries sustained by the deceased indicate that all the accused persons assaulted him in furtherance of their common intention. A similar incident had occurred earlier, wherein co-accused Shankar had inflicted a knife blow on the deceased. In connection with the said incident, an F.I.R. was registered on 21/03/2026 , wherein the present applicant was also named. Therefore, according to the learned A.P.P., the applicant and the other co-accused persons intended to eliminate the deceased at any cost. Therefore, the learned A.P.P. prays for rejection of the application. 6. Upon consideration of the submissions of both the sides, it appears that initial incident occurred on 21/03/2026, in respect of which F.I.R. bearing No. 202 of 2026 came to be registered at Pinjar Police Station, District Akola, for the offences punishable under Sections 115(2), 118(1) and 3(5) of the BNS. It could be gathered that the co-accused, Shankar, was running a pan shop and that, on 20/03/2026, when the deceased, Prithviraj, went to the said shop to purchase a gutka pouch, he did not Piyush Mahajan 5 24-Cr.BA-1218-2026 have money. Consequently, a quarrel took place between Shankar and the deceased, during which Shankar allegedly inflicted a knife blow on the abdomen of the deceased. It is further alleged that, at the relevant time, the present applicant also assaulted the deceased by giving him fist and kick blows. It appears that, bearing a grudge over the said incident, the accused persons attempted to eliminate the deceased. Upon perusal of the statement of Vijaya, it could be gathered that, initially, on 04/05/2026 at about 03:30 p.m., the co- accused, Shankar, went to the house of the deceased, where his sister was present, and threatened that he would kill the deceased if the F.I.R. registered vide Crime No. 202 of 2026 was not withdrawn. At the relevant time, the deceased was not present at the house. It further appears from the said statement that, at about 09:00 p.m., witness Vijaya advised the deceased not to quarrel with Shankar. Thereafter, at about 10:30 p.m., the co-accused, Shankar, along with two other persons, was seen passing in front of the house of the deceased, carrying iron pipes in their hands. It further appears that Vijaya left the house of the deceased at about 11:00 p.m. and went to her grandfather's house to sleep there. At about 11:30 p.m., one Amar Raikar informed Vijaya that he had received a call from Lakshman Pradhan, stating that Piyush Mahajan 6 24-Cr.BA-1218-2026 Prithviraj had been assaulted by some persons and that they should come immediately. Accordingly, the family members of the deceased went to the spot, where the deceased disclosed that all the accused persons, including the present applicant, had assaulted him. The said disclosure constitutes an oral dying declaration. Upon perusal of the P.M. report, it appears that the deceased was brutally assaulted and approximately 21 injuries were found on his body. These injuries include multiple injuries on various parts of the body. There was also a fracture of the 4th metacarpal of the right hand. It is further to be noted that the cause of death was stated to be blunt injuries to the head and body. Considering the previous enmity, the subsequent insistence by the accused, Shankar, on withdrawal of the case earlier lodged by the deceased, coupled with the P.M. report and the oral dying declaration, I am not inclined to grant bail to the applicant. Hence, the Criminal Application is rejected. Pending Miscellaneous Application(s), if any, also stand disposed of. [ M.M. NERLIKAR, J ] Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 09/10/2026 17:36:38