Order 200226ba80.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 80 OF 2026. Sultan Ali Sabir Ali. -VERSUS- State of Maharashtra. Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri M.N. Ali, Advocate for the Applicant. Ms T. Udeshi, A.P.P. for the Non-applicant. CORAM : M.M. NERLIKAR, J. DATE : FEBRUARY 20, 2026. Heard. 2. The applicant came to be arrested in connection with Crime No.621/2025 registered with Ramnagar Police Station, Chandrapur for the offence punishable under Sections 103[1], 333 and 3[5] of the Bhartiya Nyaya Sanhita (BNS), 2023. 3. First information report in the matter came to be lodged by one Suraj Ramteke, alleging that on 04.08.2025 at 5 a.m. when he was sleeping, police had awaken him and one Rahul, and taken them to nearby house of Chotu Hedau, who was lying dead. There were injuries on his legs and other parts Rgd. 2026:BHC-NAG:3054 Order 200226ba80.26 2 of the body. Thereafter, he was informed by his neighbour Ramesh that on 02.08.2025 around 3 p.m., Golu, Tillu, Sultan and Bablu had assaulted Chotu by kicks and fist blows and wooden stick. So as to save himself, he ran towards his house, where also he was assaulted by the aforesaid accused persons. Since then he had not come outside of the house. On the basis of this information, the aforesaid first information report came to be lodged. 4. The learned Counsel for the applicant submits that considering the role played by the applicant, he be released on bail. He submits that statements of witnesses show that the incident had occurred on 02.08.2025, wherein the applicant along with his friends namely Golu @ Sumohit Meshram, Tillu @ Anil Nikode, Bablu Sayyed and present applicant have assaulted the deceased with the help of stick, fist and kick blows. So far as the role of the applicant is concerned, he has given kick and fist blows to the deceased. He has invited my attention to statement of eye witness Ganglu, wherein he has stated that present applicant along with others were quarreling with Chotu on the count as to why the deceased was talking with one girl Rgd. Order 200226ba80.26 3 namely Jhanvi and trying to establish close relations with her therefore, Golu has taken a bamboo stick and handed over to Tillu, asking him to beat the deceased. Accordingly Tillu has given blows with the help of bamboo stick on his legs, as well as back side. Not only that, they have also chased him while the deceased was running from their clutches towards his home and there also they have assaulted the deceased. The deceased was residing alone, and therefore, he succumbed to the injuries and his dead body was noticed by police person on 04.08.2025. It is submitted that postmortem report does not support the case of the prosecution, as cause of death was shown as “Head injury with blunt trauma to chest in a case of Assault’, therefore according to the learned Counsel, considering the limited role played by the applicant i.e. assault by kick and fist blows, the act of the present applicant will not fall under Section 103 of the BNS. The applicant is a young person aged 31 years and there are no criminal antecedents to his credit, he may therefore, be enlarged on bail. 5. On the other hand, the learned A.P.P. has vehemently opposed the application on the ground that there Rgd. Order 200226ba80.26 4 are 4 eye witnesses to the incident, wherein the role of the applicant has been stated by all of them. She submits that the postmortem report is more than sufficient to connect the present applicant, because the injuries are only possible by fists and kick blows as well as stick. My attention is invited to injuries mentioned in Column Nos.17, 19 and 20 of the postmortem report. It is submitted that cause of death is injury nos.1 and 2 mentioned in column no.17, which caused internal damage as mentioned in column no.19 which led to injuries mentioned in column no.20, therefore, for cause of death, opinion given by the Doctor is head injury with blunt trauma to chest in a case of assault. Thus according to the learned A.P.P., there is not a straight jacket formula that the assault by fist and kick blows cannot cause death. The intention of all the accused can be gathered from the fact that they have assaulted the deceased and chased him till his house where also he was assaulted, leaving him alone to die. Therefore, according to her all the applicants with their common intention has committed the offence of murder. She therefore, prays to reject the application. Rgd. Order 200226ba80.26 5 6. I have heard the rival contentions canvassed by the parties. The first information was registered on 04.08.2025 at the instance of neighbour of the deceased namely Suraj Ramteke, who was informed by one person namely Ramesh, that the applicant along with other co-accused have assaulted the deceased and in that assault the deceased died. The applicant came to be arrested on 04.08.2025. Admittedly there are 4 eye witnesses to the incident. The role played by the applicant could be gathered from the statements of eye witnesses. No doubt the applicant and others have given fist and kick blows on the person of the deceased. It also appears that one Tillu has used bamboo stick in assaulting the deceased. The postmortem report shows the following injuries on the person of the deceased. Column No. Injuries 17. Surface wounds and injuries- their nature, position, dimensions [measured] and directions be accurately stated, their probable age and cause to be noted. If bruises be present, what is the condition of the 1.Laceration present over right parieto occipital region of scalp of size 6 cm x 2.5 cm x bone deep, irregular margins, blood infiltrated, reddish brown. 2.Contusion present over left parieto occipital region of scalp of size 6 cm x 2 cm, on cut section blood infiltrated, Rgd. Order 200226ba80.26 6 subcutaneous tissues ? bluish. 3.Contusion present over left gluteal region of size 10 cm x 8 cm, on cut section blood infiltrated, bluish. 4.Contusion present over antero-lateral aspect of left thigh, 32 cm below left anterior superior iliac spine, of size 16 cm x 12 cm, on cut section blood infiltrated, bluish. 5.Contusion present over antero-lateral aspect of right thigh, 10 cm below right anterior superior iliac spine of size 28 cm x 13 cm, on cut section blood infiltrated, bluish. 6.Contusion present over antero-lateral aspect of right leg, 18 cm below knee joint of size 10 cm x 6 cm, on cut section blood infiltrated, bluish. 7.Multiple small abrasions present over antero-lateral aspect of both legs of varying size, 0.5 cm x 0.5 cm to 4 cm x 3 cm, reddish brown. 19 Head. [i] Injuries under the scalp, their nature. 1. Underscalp hematoma present over right and eft parieto-occipital region of size 7 cm x 3.5 cm and 6 cm x 3 cm respectively, dark reddish brown. 20. Thorax Thoracic cavity contains 1000 Rgd. Order 200226ba80.26 7 [a]Walls, Ribs, Cartilages. [b].. [c]… [d] Right Lung. [e]left Lung. cc of fluid blood. Displaced fracture present over 3rd and 4th ribs over left mid cavicular line, margins irregular, blood infiltrated. Weight of right lung -440 gms, left lung 410 grams. Both lungs soft and flabby in consistency, Puncture laceration present over upper lobe of left lung corresponding to ribs fracture. From the above injuries mentioned in the postmortem report, it is crystal clear that the deceased was so brutally beaten by all the accused persons that he has suffered fracture to ribs. It is further to be noted that as many as 7 injuries are found on the person of the deceased, there are also internal injuries in the scalp hematoma present over right and left parieto occipital region. Therefore, the injuries are not only attributed to Tillu, but, those are also possible by fist and kick blows, therefore, the contention of applicant that he has played limited role, cannot be accepted at this stage. On the contrary, it can be gathered from the statements of eye witnesses that all the accused persons have brutally assaulted the deceased. It is Rgd. Order 200226ba80.26 8 further to be noted that common intention of all of them can be gathered from the fact that they have not only assaulted the deceased beside the house of one of the eye witness - Banubai, but, they chased the deceased till his house and even there also have assaulted him. This fact can be gathered from the statements of Jhanvi @ Kannu Dhiraj Ramteke, who is daughter of the informant, Ganglu Aavnur, Rahul Warke, Banubai Aavnur etc. Therefore considering the over all situation, and the serious nature of allegations, I am not inclined to entertain the prayer made by the applicant. Criminal Application is, therefore, rejected. 7. Misc. Applications, if any, are also disposed of. JUDGE Rgd.