1 26-Cr.BA-949-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 949 OF 2026 Dyaneshwar s/o Pandit Kothalkar -- 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. Dhruv Sirpurkar, Advocate for the Applicant. Ms. S.N. Thakur, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 01, 2026. Heard. 2. The applicant came to be arrested in connection with Crime No.490/2025 registered with Jalgaon Jamod Police Station, District Buldhana for the offence punishable under Sections 103(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The First Information Report was lodged by Vinay Hiraman Hissal on 22/10/2025. It is alleged that on 21/10/2025, at about 8:30 p.m., the informant received a phone call from his cousin sister, Swati, informing him that Amol was being assaulted by Yogesh Tade and his friends. Immediately thereafter, the informant and his cousin Ashish reached the spot at that time accused Yogesh Piyush Mahajan 2026:BHC-NAG:11501 2 26-Cr.BA-949-2026 was holding the head of Amol and hitting it on the platform in front of the house of Somaji Tawde and Shubham Tade along with present applicant Dyaneshwar Pandit were assaulting Amol with fist and blows on his chest, back and head. The informant rescued Amol and asked him what happened, thereafter Amol narrated the entire episode that Yogesh and Shubham had thrown crackers on Amol over which there was scuffle between them and thereafter Yogesh and Shubham started assaulting Amol with fist and kick blows. It is further alleged that present applicant Dyaneshwar came there and assaulted with screwdriver on forehead of Amol. Amol successfully escaped and went to his aunt's house. Thereafter, again when Amol was standing near Pimpal tree at that time Yogesh took hold of the head of Amol and started assaulting Amol and other accused persons assaulted him with kick and fist blows. When Amol was taken to the hospital, the doctor declared him brought dead. 4. The learned counsel for the applicant submits that, while granting bail to the 2 accused persons, this Court has disbelieved the story of the prosecution. He has invited my attention to the observations of this Court dated 09/04/2026 in Piyush Mahajan 3 26-Cr.BA-949-2026 Criminal Application [B.A.] No.380/2026, so also the order dated 16/06/2026 in Criminal Application [B.A.] No.640/2026. In both the applications, according to the learned counsel, this Court has considered the entire material and thereafter come to the conclusion that the applicants therein are entitled to bail, and therefore, he prays that the same observations would be applicable to the present applicant also. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that the applicant is the main accused person. She submits that the applicant has inflicted blow on the head of the deceased with the help of a screwdriver. She further invited my attention to the post-mortem report, wherein the cause of death is shown as, “Death due to intracranial haemorrhage final conclusion can be made only after chemical analysis.” The query report would also go to show that the injury over head of the victim can be done by the instrument brought, which could be gathered from the opinion given by the doctor, and the weapon presented before the doctor was the screwdriver (petch cutch). Therefore, she submits that it is the applicant who has inflicted blow on the deceased, due to which he died. She further submits that the Piyush Mahajan 4 26-Cr.BA-949-2026 applicant is having criminal antecedents, as cases are registered against him under Sections 294, 323, and 504 read with Section 34 of the IPC. Under such circumstances, she submits that the applicant does not deserve to be granted bail. 6. I have considered the rival submissions. No doubt, so far as the allegations against the applicant that he has inflicted blow with the help of screwdriver are concerned, the same can be considered at the time of trial. The fact remains that the investigation is complete and charge-sheet has been filed. I have gone through the orders passed by this Court dated 09/04/2026 and 16/06/2026. For the same reasons and on the same terms and conditions, I am inclined to grant bail by imposing stringent conditions. Hence, the following order: O R D E R (i) The Criminal Application is allowed; (ii) The applicant/accused (Dyaneshwar s/o Pandit Kothalkar) be released on regular bail in connection with Crime No.490/2025 registered with Jalgaon Jamod Police Station, District Buldhana for the offence punishable under Sections 103(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, on Piyush Mahajan 5 26-Cr.BA-949-2026 his furnishing a P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent 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 Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency; (v) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same; (vi) 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: 01/09/2026 19:24:01