Order 270826ba1011.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 1011 OF 2026. Owasis Khan Ayyub Khan -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 J.B. Kasat, Advocate for the Applicant. Ms T. Udeshi, A.P.P. for the Non-applicant. Shri S.V. Sirpurkar, Advocate Assisting Prosecution. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 27, 2026. Criminal Application (APPP) No.2865/2026. This is an application seeking permission to assist the prosecution. For the reasons mentioned in the said application, the same is allowed and disposed of. ….. Criminal Application No.1011/2026. Heard. 2. The applicant came to be arrested on 29.06.2025 in connection with Crime No.505/2025 registered with Rgd. 2026:BHC-NAG:11295 Order 270826ba1011.26 2 Gadge Nagar Police Station, Amravati for the offence punishable under Sections 103[1], 61[2] and 3[5] of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The first information report came to be lodged by Abdul Rahim Abdul Kadir, alleging that on 28.06.2025 when he was on duty, he received a phone call from his nephew, who informed him that elder brother of informant has met with an accident/incident and he is serious. On the way to Amravati, he received another phone call by which he was informed that his brother had expired. When he saw the body of his brother, he found that his right leg was amputed and there were injuries on his stomach, chest, back, near left eye etc. and blood was oozing from said injuries. His nephew Sohail Jamil informed him that, he along with Siddique Kureshi were going to Walgaon on motorcycle, near haddi factory they found a grey colour four wheeler stationed after giving dash to a tree. When they went near, they found that a two wheeler belonging to the deceased (Kalam) lying there and the deceased was being assaulted with the help of knife by the accused persons. On hearing their shout, all the accused ran Rgd. Order 270826ba1011.26 3 away from the spot. The injured was taken to the hospital, where he expired. Hence the report. 4. The learned Counsel for the applicant submits that this Court has granted bail to one accused namely Fazil Khan on 21.04.2026 vide orders passed in Criminal Application No.365/2026 and he submits that the case of applicant also stands on same footing as that of Fazil Khan. He submits that though in the first information report it is alleged that three accused persons, including the applicant has inflicted blows with the help of sharp edged weapon on the deceased, however, the said report was lodged on the basis of hearsay information given by Sohail. The statement of Sohail under Section 161 Cr.P.C. was recorded, perusal of which reveals that Ziauddin gave blow with the help of knife on the deceased. He further submits that at that time, said Sohail was on the spot along with Siddique Ahmed. On perusal of his statement, it reveals that he has not stated anything about the incident, however, he has stated that three persons were present on the spot. He has not noticed applicant assaulting the deceased. It is further submitted that both the statements Rgd. Order 270826ba1011.26 4 of Sohail and Siddique does not show any overt act on the part of the applicant, and therefore, since this Court has already granted bail to Fazil Khan, the same be granted to the applicant. 5. On the other hand the learned AP.P. for State and learned Counsel assisting prosecution vehemently opposed the application. They submit that though this Court has granted bail to Fazil, however, at that time statement under Section 183 of the BNSS were not recorded. They submit that in the first information report name of applicant appears and alleges overt act of assaulting the deceased with sharp edged weapon. There are 11 injuries on the deceased, resulting in his death. Further there was recovery made from accused no.1 Ziauddin, as regards clothes of applicant, wherein blood stains were found on said clothes. In such circumstances, it is submitted that there is more than sufficient incriminating material against the applicant, therefore, he is not entitled to be released on bail. 6. I have considered the rival submissions of the parties and perused order passed by this Court on 21.04.2026. Rgd. Order 270826ba1011.26 5 Perusal of the observations recorded therein, it is apparent that applicant was present on the spot, however, there is no overt act shown against him. After perusal of investigation papers, it is revealed that the first information report was registered on the basis of information provided by Sohail, who is cousin of the informant, wherein he disclosed that three persons i.e. Zian, Avez Khan and Fazil assaulted the deceased with the help of sharp edged weapon, however, perusal of the statement of Sohail reveals that he has not stated that applicant has inflicted blows on the deceased. It is further to be noted that alongwith Sohail, Siddique was present, his statement under Section 161 was recorded, he has not disclosed name of applicant, even he has not stated that all the three persons have assaulted the deceased. Now so far as the statement under Section 183 of the BNSS is concerned, it appears that the said statement was recorded on 04.07.2025, wherein it states role of the applicant that he has assaulted the deceased, however, perusal of statement of Siddique recorded under Section 183 reveals that he does not state anything about the assault by the applicant. Considering the nature of allegations against the applicant, and the material collected by the Rgd. Order 270826ba1011.26 6 investigating officer, I am of the considered opinion that the observations made in the case of Fazil would be squarely applicable to the present case also, hence, for those reasons, coupled with above discussion, I am inclined to grant bail to the applicant. Hence, the following order. ORDER (i) Criminal Application is allowed and disposed of. (ii) The applicant /accused Owais Khan Ayyub Khan be released on regular bail in connection with Crime No.505/2025 registered with Gadge Nagar Police Station, Amravati for the offence punishable under Sections 103[1], 61[2] and 3[5] 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 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 Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Rgd. Order 270826ba1011.26 7 Agency. (v) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. (vi) 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. (vii) Misc. Applications, if any, are also disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 29/08/2026 12:09:39