1 28 BA 1024.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1024/2026 (Rohan S/o Kamlakar Chawariya Vs. The 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. M. Jaltare, Advocate for applicant. Mr. N. B. Jawade, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 25/08/2026. Heard. 2. By this application, the applicant is seeking bail in connection with Crime No. 9/2026 registered with Police Station Imamwada, Nagpur City for the offences punishable under Sections 103(1), 118(1), 296, 352, 49 read with Section 3(5) of the Bharatiya Nyaya Sanhita. 3. Brief facts of the prosecution case are that on 10/01/2026, at about 10 pm, the applicant Rohan and one Kundan were sitting near the house of the informant. During that time Kundan started abusing informant’s father under the spell of intoxication. Jay Kori and Aman Kori, brothers of informant came there to settle the dispute. At that time, Rohan interfered and asked the informant why he was abusing Kundan and slapped him. Father of the 2 28 BA 1024.26 informant interfered and tried to pacify the dispute at that time, Rohan slapped him. Further, Rohit allegedly pelted stone and injured Aman, thereafer took out a wooden log and inflicted blow on head of Mangal, father of the informant due to which he sustained head injury. The victim was taken to hospital where he was declared dead. Based on this information, the first information report was registered. 4. The learned counsel for the applicant submits that the quarrel between two groups took place on 10/01/2026 and in that quarrel, the deceased Mangal died. It is alleged in the first information report that the applicant has given blow with the help of wooden log on the head of the deceased Mangal to which he succumbed. He submits that the blow was given in response to sudden and grave provocation. There was no intention on the part of the applicant to commit the murder of the deceased Mangal. Kundan Chauhan started the quarrel by abusing the family members of the deceased. On that count the quarrel was escalated and the unfortunate incident of death of Mangal has occurred. Though there are allegations against the applicant, however under what circumstances he has 3 28 BA 1024.26 committed the offence needs to be seen. Under such circumstances, in the absence of any intention or motive on the part of the applicant, the applicant be released on bail by imposing stringent conditions. 5. On the other hand, the learned APP vehemently opposes the application and submits that the death of the deceased Mangal was intentional. He submits that the postmortem report suggests that there are three injuries on the head of the deceased. He further invited my attention to column 19 of the postmortem report which shows fracture on frontal bone and parietal region. The cause of death is head injury and the applicant is responsible for causing those injuries. There are injured eye-witnesses to the incident. Under such circumstances, he submits that it cannot be said that the applicant did not have the intention to commit the murder of the deceased. Therefore, he submits that this is not a fit case to grant bail. 6. I have considered the rival submissions. Upon perusal of the first information report as well as the postmortem report and various statements, it appears that it is the applicant who has inflicted blow on the head of the 4 28 BA 1024.26 deceased with the help of the wooden log. It also appears that the cause of death is the head injury. After considering the statements of independent witnesses, it appears that Kundan Chauhan was abusing the family members of the deceased and the applicant has unnecessarily intervened into the quarrel between Kundan Chauhan and Mangal. However, the said incident has also been captured in the CCTV footage. However, the fact remains that the applicant did not have any motive to kill the deceased Mangal. There was a fight between two groups and the applicant came along with the wooden log and inflicted a blow on the head of Mangal. Considering the nature of allegations, I am of the considered opinion that since the investigation is over, charge-sheet is filed and the applicant is behind bars since 11/01/2026, I am inclined to grant bail. Hence, the following order:- ORDER (i) Criminal application is allowed and disposed of. (ii) The applicant/accused Rohan S/o. Kamlakar Chawariya be released on bail in connection with Crime No. 9/2026 registered with Police Station Imamwada, Nagpur City for the offences punishable under Sections 103(1), 118(1), 296, 352, 49 read with Section 3(5) of the Bharatiya Nyaya Sanhita on his furnishing P.R. Bond of Rs. 5 28 BA 1024.26 50,000/- with two sureties in the like amount. (iii) 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. (iv) The accused shall provide his residential address and cell number to concerned Police Station and shall not change his place of residence without prior intimation to the concerned Investigating Officer. (v) The applicant/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. Pending application, if any, stands disposed of accordingly. 8. The observation of this Court are prima facie in nature and are only limited to this application. The Trial Court shall not be influenced by the aforesaid observations. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 27/08/2026 16:51:12