1 BA 1076.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1076/2026 (Mangesh S/o Chanduji Bhosle 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.M. Jaltare, Advocate applicant. Mr. A. Badar, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 27/08/2026. Heard. 2. By this application, the applicant is seeking bail in connection with Crime No.500/2026 registered with Police Station Wardha, Dist. Wardha for the offences punishable under Section 109(1), 309(6) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”). 3. Brief facts of the prosecution case are that the applicant came to the informant’s shop and started looting the shop and took approximately Rs.15,000/- from the shop’s counter and at that time he inflicted injuries by knife on informant’s neck, forehead and right palm. Thereafter, the applicant also took of Rs.80,000/- and one gold chain from the informant amounting Rs.72,000/-. Based of this information, the first information report was registered. 2 BA 1076.26 4. The learned counsel for the applicant submits that initially the informant in the month of January 2025 had assaulted the applicant. However, it appears from the first information report that for taking revenge of the said act, the applicant assaulted the informant and accordingly, the first information report was registered on 24/04/2026 by the informant. So far as the allegations are concerned, those are serious, but the injury which has been caused is not a life threatening and therefore Section 109 of the BNS would not attract. He further invited my attention to the injury certificate, wherein it was stated that no grievous injury is sustained by the informant. There are no criminal antecedents against the applicant. He submits that one case was registered in the year 2019, however, he was acquitted from that case. Under such circumstances, he submits that since there is no criminal background of the applicant. So far as the allegations of snatching Rs.80,000/- and gold chain are concerned, he submitted that those allegations are levelled in order to aggravate the facts. During investigation nothing was recovered from the applicant and therefore he submits that the applicant deserves to be granted bail. 3 BA 1076.26 5. On the other hand the learned APP submits that the first information report was registered on 24/04/2026, wherein the statement of the informant is recorded in the hospital as a dying declaration. He further submits that there is a specific allegation that the applicant with the help of knife have inflicted a blow on the neck of the informant. It is immaterial what injury has been caused. However, it is material that the injury has been caused on the vital part of the body, which resulted in his death. There are eyewitnesses to the incident who have specifically stated about the role of the applicant and therefore he submits that considering the seriousness of the crime, the applicant shall not be released on bail. 6. I have considered the rival submissions. It appears that on 24/04/2026, the applicant has inflicted blow with the help of knife on the neck of the informant. The injury certificate shows that there are injuries on palm, and neck of the informant. It is immaterial that whether the injury is simple or grievous when there is an offence of section 109 of the BNS. Be that as may, the fact remains that the applicant is behind bars since 24/04/2026. It is further to be noted that so far as the statement of witnesses are 4 BA 1076.26 concerned, nowhere they have stated about snatching the amount of Rs.80,000/- and a gold chain from the informant. It is to be noted that, though the allegations are serious in nature, however, considering the fact that the applicant is behind bars for considerable time period of time. There are no criminal antecedents against the applicant and now the investigation is completed and charge-sheet is filed, therefore I am inclined to grant bail by imposing stringent conditions. Hence the following order:- ORDER (i) Criminal application is allowed and disposed of. (ii) The applicant/accused Mangesh S/o Chanduji Bhosle be released on bail in connection with Crime No.500/2026 registered with Police Station Wardha, Dist. Wardha for the offences punishable under Section 109(1), 309(6) of the Bharatiya Nyaya Sanhita 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, and also shall not tamper with the evidence. (iv) The accused shall provide his residential address and cell number to the concerned Police Station and shall not change his place of residence without prior intimation to 5 BA 1076.26 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 applications, if any, stand disposed of accordingly. 8. The observations 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: 29/08/2026 14:22:52