Order 180826ba1028.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO.1028 OF 2026. Monu @ Mohammad Eklak Nisarali Hasmi -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 R.G. Dhatrak, Advocate for the Applicant. Shri A.M. Kadukar, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 18, 2026. Heard. 2. The applicant came to be arrested in connection with Crime No.173/2026 registered with Wani Police Station, District Yavatmal for the offences punishable under Sections 109[1], 115[2], 352, 189[2], 190, 191[2] and 191[3] of the Bharatiya Nyaya Sanhita, 2023 (BNS). Charge sheet came to be filed and Sections 118[1], 351[3] of the BNS came to be added. 3. The first information report in the matter came to Rgd. 2026:BHC-NAG:10750 Order 180826ba1028.26 2 be lodged by one Rikesh Yadav, alleging that on 17.02.2026 he went to a attend a wedding reception at Wani, where an altercation took place between him and accused No.1. Later, at about 11:00 p.m., when the informant was at his residence, accused No.1 along with the other accused persons including the applicant, allegedly came there in a vehicle, and abused him and his family members, so also assaulted them. Accused No.2 i.e. present applicant assaulted the informant's cousin (Badal) on head with a cement brick, causing serious injuries. On the basis of the said allegations, the present crime came to be registered. 4. The learned Counsel for the applicant submits that it is a case of counter first information reports lodged by both the parties. The role attributed to the applicant is that he went along with main accused Tirupati to the house of Awdesh, who is brother of the informant, where initially there was verbal abuse between both the groups, thereafter, Tirupati inflicted blows on Awdesh with the help of rod, while the present applicant assaulted with cement brick on the forehead of Badal due to which he sustained injuries. It is further submitted that Rgd. Order 180826ba1028.26 3 even Badal has inflicted serious injuries on the applicant, due to which the applicant also sustained serious injuries on his forehead. It is submitted that all the accused persons in the present crime, except the applicant, are released on regular or anticipatory bail by this Court or by the Sessions Court. Therefore, considering the nature of allegations, the applicant is entitled to grant of regular bail. 5. On the other hand, the learned A.P.P. vehemently opposed the application by submitting that the applicant is the main accused who has inflicted blows on Badal with the help of cement brick, causing grievous injuries. He further submits that since the applicant has played a major role due to which Badal suffered injures, in such circumstances, he does not deserve to be released on bail. My attention is invited to the injury certificate and CT Scan report of the injured, which shows - “multiple inwardly displaced fracture through wall of bilateral frontal sinus, medial wall of left orbit, left fronto orbital bone involving roof of left orbit with bilateral frontal and left ethmoid hemosinuses. Preseptal edema along left eyeball.” The learned A.P.P. submits that considering the Rgd. Order 180826ba1028.26 4 grievous injuries and multiple fractures on the forehead, the applicant is not entitled to be released on bail. 6. I have considered the rival submissions of the parties and perused the material placed on record. It appears from the record that both parties have registered first information report against each other. In the present crime, all the accused persons, except for the applicant, are released by this Court or by the Sessions Court. No doubt, so far as the role of the present applicant is concerned, it appears that he has inflicted blows with the help of cement brick. It also appears that serious injuries are caused to Badal due to the assault. However, it is further to be noted that even the applicant had sustained injuries which is in the nature of – “incise wound over left forehead in vertical direction deep 3 cm., in length deep upto the base of skull.” The said injury was inflicted by Badal to the applicant with the help of an Axe, which could be gathered from the first information report registered by the brother of Tirupati namely Satish. The learned Counsel for the applicant submits that Awdesh and Badal both are released on bail by this Court. Rgd. Order 180826ba1028.26 5 Therefore, in view of the above and since the applicant has also sustained injuries in the said incident, and the fact that investigation is over and charge sheet is filed, I am of the considered opinion that by imposing stringent condition, the applicant can be released on bail. Hence the following order. ORDER (i) Criminal Application is allowed and disposed of. (ii) The applicant /accused Monu @ Mohammad Eklak Nisarli Hasmi be released on regular bail in connection with Crime No.173/2026 registered with Wani Police Station, District Yavatmal for the offences punishable under Sections 109[1], 115[2], 352, 189[2], 190, 191[2], 191[3], 118[1] and 351[3] of the Bharatiya Nyaya Sanhita, 2023 (BNS) on his furnishing P.R. Bond of Rs.50,000/- with two sureties in the like amount. (iii) The accused shall not enter within the territorial jurisdiction where the informant is residing, till the completion of the trial. (iv) 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. (v) The accused shall provide his residential address Rgd. Order 180826ba1028.26 6 and cell number to Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency. (vi) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for one single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. (vii) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial. (viii) Misc. Applications, if any, are also disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 19/08/2026 16:52:03