1 23.ba.958.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.958 OF 2026 Dahrma s/o Lalsing Rathod ..vs.. 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.M.Mane-Patil, Advocate for the applicant. Shri A.B. Badar, APP for the non-applicant /State. CORAM: M.M. NERLIKAR, J. DATE : 28.08.2026. Heard. 2. By way of this application, the applicant is seeking bail in connection with Crime No.68 of 2026 registered with Bitergaon Police Station, Yavatmal for the offences punishable under Sections 109, 118(1), 296, 115(2), 351(2)(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. It is alleged in the FIR that when the informant and her husband/victim were working in an agricultural field, informant’s husband scolded one co-accused Golu over improper handling of a gram crop, after which he left and after some time, the applicant and other co- accused came there, started verbally abusing him and the applicant assaulted the victim by means of iron rod on his head and other co-accused assaulted the informant with stick and fist and kick blows, hence the FIR. 4. Learned Counsel for the applicant submits that only allegation against the applicant is that the he 2 23.ba.958.2026 inflicted a blow on the head of the victim with the iron rod, however as per the Injury Certificate, no fatal injury was caused to the victim. The applicant is in jail since 06.03.2026. However, the investigation is complete and charge-sheet has been filed, therefore, the applicant prayed to be enlarged on bail. 5. On the other hand, learned APP vehemently opposed the application on the ground that the weapon used by the applicant in the assault was recovered at the behest of the applicant. There is ample material against the applicant and therefore, considering the seriousness of the crime and use of weapon in the alleged crime, the application is prayed to be rejected. 6. I have considered the rival submissions and perused the record. It appears that though the applicant has used the iron rod to assault the husband of the informant, however the fact remains that the injury caused to the victim is simple in nature, as stated in the Injury Certificate, placed on record. No doubt, so far as the injury is concerned to attract Section 109 of the BNS, it is immaterial, whether injury is simple or grievous. Therefore, considering the nature of allegations and fact that the applicant is in jail since 06.03.2026 and that investigation is complete and the charge-sheet is filed, no further incarceration is required, I am inclined to enlarge the applicant on bail. Hence the following order : (a) The application is allowed. (b) The applicant Dharma s/o Lalsing Rathod in connection with Crime No.68 of 2026 registered 3 23.ba.958.2026 with Bittergaon Police Station, Yavatmal for the offences punishable under Sections 109(1), 118(1), 296, 115(2), 351(2)(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing P.R. bond of Rs.50,000/- with one surety in the like amount. (c) The applicant 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. (d) The applicant 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 Agency. (e) The applicant 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. The observations are prima facie in nature and the Trial Court shall not be influenced by the same . 8. All Misc. application(s), pending if any, shall stands disposed of accordingly. (M.M. NERLIKAR , J. ) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 28/08/2026 15:31:34