1 44-Cr.BA-1052-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1052 OF 2026 Rajesh Raghunath Pawar -- VERSUS -- The 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. V.N. Patre, Advocate for the Applicant. Mr. U.R. Phasate, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 21, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.243/2026 for the offences punishable under Sections 109, 115(2), 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Umarkhed, District Yavatmal. 3. As per the First Information Report, the informant stated that on 06/04/2026, at about 7:00 p.m., the accused, Rajesh Raghunath Pawar, came to her house, where her sister Seema asked him to repay Rs.300 earlier lent to him. After an altercation, the accused allegedly returned with an axe and assaulted Seema on her head, left ear, waist and left Piyush Mahajan 2026:BHC-NAG:11065 2 44-Cr.BA-1052-2026 shoulder, causing serious injuries. The informant and others intervened and rescued Seema, whereafter she was initially taken to Umarkhed Cottage Hospital and subsequently referred to Vishnupuri Hospital for further treatment. It was further alleged that the accused threatened to kill them before leaving the spot. On the basis of the informant’s statement, the offence was registered. 4. The learned counsel for the applicant submits that it is the victim who provoked him, and annoyed by that, he went to the house, brought the axe, and inflicted blows on her. At the most Section 122(2) of the BNS would be attracted and not Section 109 of the BNS. Therefore, prayer is made to allow the application. 5. On the other hand, the learned A.P.P. vehemently opposes the application and invites my attention to the injury certificate which shows two grievous injuries on parital region and neck. He has also invited my attention to various statements including statement of eye witnesses. Considering the material, it was submitted that the incident occurred not on provocation but was intentional. As serious injuries are caused on vital parts of victim’s body, the application is prayed to be rejected. Piyush Mahajan 3 44-Cr.BA-1052-2026 6. Upon perusal of the F.I.R. as well as the statements and the injury certificate, I am of the considered opinion that no case is made out to grant bail, since the applicant has inflicted serious blows on the head and neck of the victim. The fact also remains that such serious injuries were inflicted on a petty issue. It could be further gathered from the First Information Report itself that initially there was a quarrel and thereafter the applicant went to the house, brought an axe, and inflicted blows. Therefore, the argument of the learned counsel for the applicant that there was provocation from the victim’s side deserves no consideration and this could be regarded as a premeditated act. Both the injuries shown in the certificate are serious and grievous and are on vital parts of the body. Hence, no case is made out for grant of bail, and accordingly, the application is rejected. [ M.M. NERLIKAR, J ] Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 25/08/2026 12:12:48