1 19-Cr.ABA-865-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [A.B.A.] NO. 865 OF 2026 Amrut Shankar Kinge and Others -- VERSUS -- 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. A.A. Mardikar, Advocate for the Applicants. Mr. H.D. Marathe, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : OCTOBER 14, 2026. Heard. 2. Apprehending arrest, the accused have approached this Court in connection with Crime No.364/2026 for the offences punishable under Sections 118(1), 118(2), 119(1), 189(1), 189(2), 189(3), 190, 191(2), 191(3), r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 37(1), 37(3) r/w 135 of the Maharashtra Police Act, 1951, registered with Police Station Hingna, District Nagpur. 3. The prosecution case, as reflected in the First Information Report (F.I.R.), is that on 10/09/2026, at about 11:00 p.m., at RRR Lawn, Hingna, District Nagpur, the accused persons allegedly assaulted the informant, Samir Sudhakar Piyush Mahajan 2026:BHC-NAG:13825 2 19-Cr.ABA-865-2026 Saudagade, with a wooden stick, kicks and fist blows, resulting in a fracture of his left hand. It is further alleged that one of the accused persons took away the informant’s Oppo mobile phone from his shirt pocket. Based on these allegations, the F.I.R. came to be registered. 4. The learned counsel for the applicants submits that when the applicants were at R.R.R. Lawn, which was owned by the brother of applicant No. 4, namely, Parag Pardhi, at the relevant time, the accused persons in Crime No. 363/2026 had arrived. In fact, the accused persons in Crime No. 363/2026 had beaten the present applicants. This is a case of counter FIR which was filed by one of the applicants, namely, Amrut Kinge, against the accused persons, namely, Laddu @ Shubham Nighot, Yogesh Dakhole, Pranay Nighot, Rahul Chauke, Harshal Nighot and others. He has invited my attention to the F.I.R. lodged by Amrut Kinge, wherein, according to the learned counsel, when the applicants were at R.R.R. Lawn, all the accused persons in Crime No. 363/2026 came there and assaulted the applicants. He has invited my attention to the injury certificate of Amrut, wherein serious injuries, including fractures of the left 2nd and 9th ribs, are recorded. There are also other injuries which could be gathered from the CT scan report. He submits that, in fact, the accused persons referred in Crime No. 363/2026 are the assailants who came to R.R.R. Lawn, where the applicants were present. So far as the F.I.R. against the present applicants is concerned, it was alleged that applicant Amrut Kinge assaulted Piyush Mahajan 3 19-Cr.ABA-865-2026 the informant with the help of wooden log and the other applicants assaulted him with fist and kick blows. She submits that, in fact, the informant, Sameer Saudagade, in Crime No. 364/2026, i.e., the present crime, was not at all present at the spot. For that purpose, he has filed a Pursis showing that the said Sameer was admitted to Shalinitai Meghe Hospital & Research Centre with the complaint that he fell from a two- wheeler motorcycle, thereby causing fracture. He further submits that the OPD papers also show that the alleged history given was of a fall from a two-wheeler. Therefore, he submits that, in fact, the informant, Sameer, was planted by the opposite group to suggest that he had sustained a fracture injury in the incident, in order to make the offence graver. Therefore, he prayed to grant anticipatory bail to the applicants. 5. On the other hand, the learned A.P.P. submits that, so far as the presence of the informant, Sameer, is concerned, the investigation is going on. However, the fact remains that the allegations made against the applicants are serious in nature. Applicant Amrut has assaulted the informant with the help of a wooden log on his hand, due to which he has sustained fracture injury. Considering the nature of the allegations, the applicants do not deserve to be granted bail, as the investigation is under way and serious allegations are made. Therefore, he prayed to reject the application. Piyush Mahajan 4 19-Cr.ABA-865-2026 6. Upon consideration of the submissions of both sides, it could be gathered that this is a case of counterblast by both parties against each other. Upon perusal of the F.I.R. registered by the applicants’ party, it could be gathered that when the applicants’ party was at R.R.R. Lawn, the other side came to the said lawn and assaulted the applicants’ party. The perusal of the injury certificate of applicant Amrut goes to show that Amrut had sustained serious injuries and was required to admit as an indoor patient in the hospital. It is further to be noted that another applicant, namely, Shailesh, also sustained injury in the temporal region. So far as the allegations in the present F.I.R. are concerned, which was lodged by the informant, Sameer, it could be gathered that the only allegation against Amrut is that he assaulted Sameer with the help of a wooden log on his hand. However, upon perusal of the document placed on record by the applicants of informant - Sameer, it appears that, the history given by the said Sameer in the hospital for the said injury was due to fall from a two-wheeler. However, so far as the other applicants are concerned, there is no overt act attributed to them, except the allegations of assault by fist and kick blows. Under such circumstances, I am inclined to grant anticipatory bail to the present applicants. Hence, the following order:- O R D E R i) The Criminal Application is allowed and disposed of; Piyush Mahajan 5 19-Cr.ABA-865-2026 ii) In the event of arrest of applicants [(1) Amrut Shankar Kinge, (2) Vivek Pandurang Mahajan, (3) Swapnil Satish Shahakar, (4) Parag Pyarelal Pardi, and (5) Shailesh Vinayak Wasad] in connection with Crime No.364/2026 for the offences punishable under Sections 118(1), 118(2), 119(1), 189(1), 189(2), 189(3), 190, 191(2), 191(3) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 37(1), 37(3) r/w 135 of the Maharashtra Police Act, 1951, registered with Police Station Hingna, District Nagpur, be released on bail on furnishing a P.R. bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety each in the like amount; iii) The applicants shall attend the concerned Police Station on Sunday between 11.00 a.m. to 02.00 p.m. of every month or as and when called by the Investigating Officer and shall cooperate with the Investigating Agency; iv) The applicants shall not tamper with the prosecution evidence or threaten the prosecution witnesses. v) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same; Piyush Mahajan 6 19-Cr.ABA-865-2026 vi) Pending Misc. 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: 14/10/2026 18:40:07