1 36-Cr.BA-1055-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1055 OF 2026 Amit @ Dhama S/o Rajesh Dhama -- VERSUS -- 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. N.R. Tekade, Advocate for the Applicant. Mr. N.B. Jawade, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 28, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.249/2021 for the offences punishable under Sections 323, 365, 342, 341, 395, 120-B and 412 of the Indian Penal Code, 1860, Sections 3(1)(ii), 3(2), 3(4) and 3(5) of the Maharashtra Control of Organized Crime Act, 1999, and Section 3/25 of the Arms Act, registered with Police Station Deori, District Gondia. 3. The aforesaid first information report came to be lodged by the informant, namely, Arjun Singh Jadeja, alleging that he, along with his friend, was traveling from Raipur to Nagpur in a Scorpio jeep. On the way, near Deori, they came across 8 to Piyush Mahajan 2026:BHC-NAG:11297 2 36-Cr.BA-1055-2026 10 accused persons who came in front of their vehicle and stopped it. The informant and his friend were allegedly beaten by the said persons and they also took away their mobile along with Rs.35,000/-. Thereafter, black cloth was tied over their eyes and they took the informant and his friend in their vehicle to one jungle and they were left there. Hence, the report. 4. The learned counsel for the applicant seeks regular bail on the ground of “delay in trial.” He submits that the applicant was arrested on 21/11/2021 and since then, the applicant is behind bars. He further submits that almost 5 years are over. Though the charge has been framed, however, not a single witness has been examined. He further submits that this Court has already released three co-accused persons on the ground of “delay in trial.” He invited my attention to the order dated 27/01/2026 in Criminal Application [B.A.] No.1362/2025 in the case of Sandeep S/o Roshan Pal Singh -Vrs.- State of Maharashtra, and also in the order dated 24/03/2026 in Criminal Application [B.A.] No.223/2026 in the case of Yogesh Singh s/o Mahender Singh -Vrs.- The State of Maharashtra. Therefore, he submits that the applicant is also entitled to be released on bail on the same grounds Piyush Mahajan 3 36-Cr.BA-1055-2026 and on the same terms and conditions incorporated in the aforesaid orders. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that the prosecution is ready to conduct the trial immediately. He further submits that, though the applicant is behind bars for almost 5 years, considering the nature of the allegations, the applicant does not deserve to be granted bail. He further submits that, a robbery was committed during the daytime, and therefore, the MCOC Act was also invoked. Considering the seriousness of the crime, the applicant does not deserve to be granted bail. 6. I have considered the rival submissions. I have gone through the earlier orders passed by this Court, wherein the co-accused persons have been released on bail by different orders. Considering the order dated 27/01/2026 and the order dated 24/03/2026, and for the same reason, the applicant deserves to be granted bail on the same terms and conditions. Hence, the following order: O R D E R (i) The Criminal Application is allowed; Piyush Mahajan 4 36-Cr.BA-1055-2026 (ii) The applicant/accused (Amit @ Dhama S/o Rajesh Dhama) be released on regular bail in connection with Crime No.249/2021 for the offences punishable under Sections 323, 365, 342, 341, 395, 120-B and 412 of the Indian Penal Code, 1860, Sections 3(1)(ii), 3(2), 3(4) and 3(5) of the Maharashtra Control of Organized Crime Act, 1999, and Section 3/25 of the Arms Act, registered with Police Station Deori, District Gondia, on his furnishing a P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount, i.e., one local surety and another having permanent residence in Aurangabad, Khekada Baghpat, Uttar Pradesh; (iii) The applicant / accused shall attend the local police station located within the jurisdiction of his permanent residence on 1st and 3rd Saturday of each month between 10.00 a.m. to 2.00 p.m.; (iv) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, and also shall not tamper with the evidence; Piyush Mahajan 5 36-Cr.BA-1055-2026 (v) The accused shall provide his residential address and cell number to the Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency; (vi) Once the trial commences, the accused shall attend each and every date of trial regularly. If he fails to attend the trial, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail; (vii) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same; (viii) Pending Misc. Application(s), if any, also stand disposed of. [ M.M. NERLIKAR, J ] Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 29/08/2026 12:16:11