1 34 BA 1291.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1291/2026 (Shivam S/o. Sadashiv Mule Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. M. Gedam, Advocate for applicant. Mr. U. Phasate, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 12/10/2026. Heard. 2. By this application, the applicant is seeking bail in connection with Crime No.4/2026 registered with Police Station Vasant Nagar, Pusad, Dist. Yavatmal for the offences punishable under Sections 109(1), 61, 115(2), 351(2), 351(3), 189(2), 190, 191(2), 191(3) and 238 of the Bharatiya Nyaya Sanhita. 3. The first information report is lodged on 15/01/2026 by the injured informant, namely, Pramod Sitaram Varahade alleging that on 14/01/2026, while he was going home after closing his mobile shop, when he reached near Shraddha Jagruti Store, between 09:15 p.m. to 09:30 p.m., Akshay Redasani, Akshay Munna Jaiswal, Vaibhav Behere and Vishal Prakash Maske suddenly 2 34 BA 1291.26 arrived at the said place. On account of the informant having refused to purchase liquor for them at Rashmi Wine Bar on a previous date, they assaulted him with sharp- edged weapon like knife on vital parts of the body. The assailants thereafter threw him on the ground, assaulted him by means of kick and fist blows and fled from the spot. 4. The learned counsel for the applicant submits that initially the first information report was registered against one Akshay Redasni, Akshay Munna Jaiswal, Vaibhav Behare and Vishal Prakash Maske. In the said first information report, the name of the present applicant does not appear. Even a specific role has been attributed to each of the accused, wherein it was shown that Akshay Jaiswal has given blow with the help of knife on various parts of the body along with Akshay Redasni and so also Vishal Maske. Even Vaibhav Behare has given fist and kick blows. However, the informant/injured has changed his version by a statement dated 21/01/2026 and implicated only Vishal Prakash Maske in the alleged incident. The injured stated therein that when he regained consciousnesses while taking treatment in the hospital, his friends Dinesh Garde Sargar Pokale and others have informed him that, the 3 34 BA 1291.26 persons those who have inflicted blows on him are Vishal Maske, Vaibhav Khandve, Abhay Kale and Bhaiyya Mule @ Shivam Mule (present applicant) which was further confirmed after watching the CCTV footage. The learned counsel submits that there are several discrepancies and inconsistencies in the statements of other witnesses also. He has invited my attention to statement of one Dinesh Garde who has taken the name of the present applicant., however apart from the aforesaid names, even the name of Kshitij More was taken. In some statements, the name of the applicant is appearing, however in some statements the name of the applicant is missing. The injured has altogether implicated other set of persons, when the first information report was registered as he has taken the names of Akshay Munna Jaiswal, Akshay Redasni, Vishal Maske and Vaibhav Behare. Therefore, he submits that the said fact goes to the root of the matter and under such circumstances, the very fact of presence of the present applicant is doubtful and therefore according to him, the applicant deserves to be granted bail. 5. On the other hand, the learned APP vehemently opposes the application and submits that the injured has 4 34 BA 1291.26 sustained many grievous injuries on vital parts of the body. Though the injured has taken name of other co-accused when the first information report was registered, however he has clarified in the subsequent statement stating that as the incident occurred during the night time and he was seriously injured, he was not able to identify the accused persons properly. Therefore, the learned APP invited my attention to several statements of other witnesses which marks the presence of the applicant on the spot. Though, some statements show that the applicant was not present on the spot, however it was submitted that this fact can be considered at the time of trial. Considering grevious injuries on the person of the victim, he prayed to reject the bail. 6. Upon consideration of the submissions of both the sides, admittedly the incident has occurred on 14/01/2026 between 09:15 to 09:30 p.m. The first information was registered on 15/01/2026 in the morning at about 09.30 a.m., whereas the information was received by the police station on 14/01/2026 at about 10.00 p.m. Upon perusal of the first information report, it appears that the applicant has implicated Akshay Redasni, Akshay Munna Jaiswal, 5 34 BA 1291.26 Vaibhav Behare and Vishal Prakash Maske. The name of the present applicant does not appear in the first information report. It further appears that the informant/injured has attributed specific roles to the accused persons in the first information report. However, it could be gathered from the supplementary statement of the informant i.e. recorded on 21/01/2026 he has implicated only Vishal Prakash Maske alleging that he has inflicted blows on him. However, the statement further shows that he was informed by his friends namely Dinesh and Sagar that Vishal Maske, Vaibhav Khandve, Abhay Kale and Bhaiyaa Mule have assaulted him which was further confirmed from the CCTV footage. 7. It is further to be noted that from the statement recorded on 17/01/2026 of witness namely Dinesh Garde it appears that he has named Vishal Maske, Kshitij More, Abhay Kale, Vaibhav Khandve and Bhaiyya More (preset applicant) and stated that Vishal Maske, Vaibhav Khandve and present applicant were having knife in their hands and all the three accused persons have assaulted the injured. The statement recorded under Section 183 of the Code of Criminal Procedure of the injured shows that an 6 34 BA 1291.26 explanation was tried to be given for the inconsistency stating that as Vishal Maske had taken the name of Akshay Jaiswal, Akshay Redasni and Vaibhav Behare, the injured thought that those persons have given the blows. Perusal of the other statement show that in the CCTV footage accused persons were seen namely Vishal Maske, Vaibhav Khandve, Abhay Kale, Bhaiyya More and Kshitij More, however it is to be noted that neither the CCTV footage is produced on record nor it is a part of the charge-sheet. Entire story of the prosecution is doubtful as to which set of persons have assaulted the injured. Even the presence of the applicant is doubtful due to several contradiction. Under such circumstances. I am of the considered opinion that on such material the applicant cannot be put behind bars for indefinite period, therefore, I am inclined to grant bail, hence the following order:- ORDER (i) Criminal application is allowed and disposed of. (ii) The applicant/accused Shivam S/o Sadashiv Mule be released on bail in connection with Crime No.4/2026 registered with Police Station Vasant Nagar, Pusad, Dist. Yavatmal for the offences punishable under Sections 109(1), 61, 115(2), 351(2), 351(3), 189(2), 190, 191(2), 191(3) and 238 of the Bharatiya Nyaya Sanhita on his 7 34 BA 1291.26 furnishing P.R. Bond of Rs. 50,000/- with two sureties in the like amount. (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. 8. Pending application, if any, stands disposed of accordingly. 9. The observation 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.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 13/10/2026 14:28:02