1 55.ba.1039.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.1039 OF 2026 Vaibhav @ Shubham s/o Rajesh Bhave ..vs.. 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Rajratan Tembhurne, Advocate for the applicant. Shri A.B. Badar, APP for the non-applicant/State. CORAM: M.M. NERLIKAR, J. DATE : 19.08.2026. Heard. 2. By way of this application, the applicant is seeking bail in connection with Crime No.1 of 2026 registered with Pachpaoli Police Station, District Nagpur for the offence punishable under Sections 109, 115(2), 352, 351(3), 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The First Information Report came to be lodged alleging that on 02.01.2016 accused persons including the present applicant came to informant’s house. Accused no.1 Bulbul started a quarrel demanding half share in informant’s husband’s property. On an intervention by the informant, accused no.1 Bulbul assaulted her by means of knife and the applicant caught hold hand of one Pawan Sonkusare, who tried to resolve the quarrel which enabled accused no.2 Yash to assault Pawan by means of knife, and therefore the report. 4. Learned Counsel for the applicant submits that very limited role is attributed to the present applicant in 2026:BHC-NAG:10826 2 55.ba.1039.2026 the FIR. He invited my attention to the statement of Prosecution Witness, i.e. injured Pawan wherein he neither named the present applicant nor attributed any role to the applicant. It is submitted that though the applicant have criminal antecedents, however considering the fact that his son is suffering from failure of gallbladder and is required to take care of his son, the bail is prayed to be granted. 5. Learned APP appearing for the non-applicant/ State vehemently opposed the application on the ground that the role of the present applicant can be carved out from the FIR as well as the statement of the witnesses where it is stated that the applicant has caught hold the hand of Pawan so that co-accused could inflict blow on Pawan due to which he injured. To substantiate the same, he invited my attention to the injury certificate and therefore, prayed to reject the application. 6. I have considered the rival submissions and perused the record. It appears that the applicant has caught hold the hand of Pawan, which enabled the co- accused to inflict blows on Pawan. However perusal of the statement of injured Pawan shows that he has not taken the name of applicant nor he has assigned role to the applicant. Under such circumstances and the fact that the applicant’s son is having serious illness, I am inclined to enlarge the applicant on bail. Hence the following order : (a) The application is allowed. (b) The applicant Vaibhav @ Shubham s/o Rajesh Bhave in connection with Crime No.1 of 2026 3 55.ba.1039.2026 registered with Pachpaoli Police Station, District Nagpur for the offences punishable under Sections 109, 115(2), 352, 351(3), 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, be released on bail on furnishing P.R. bond of Rs.50,000/- with one surety in the like amount. (c) The applicant 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. (d) 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. (e) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for two consecutive dates, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. 7. The observations are prima facie in nature and the Trial Court shall not be influenced by the same. 8. All Misc. application(s), pending if any, shall stands disposed of accordingly. (M.M. NERLIKAR , J. ) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 20/08/2026 18:05:25