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2026 DAILYLAW 5474 (BOM)

AJAY SANTOSH KAMBLE v. THE STATE OF MAHARASHTRA THROUGH PSO PS VASANTNAGAR

BA/1035/2026 · 2026-09-01

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Judgment text

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1 36-Cr.BA-1035-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1035 OF 2026 Ajay Santosh Kamble -- 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. M.N. Ali, Advocate for the Applicant. Ms. T.H. Udeshi, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 01, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.98/2026 for the offences punishable under Sections 109, 189(2), 191(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Vasantnagar, District Yavatmal. 3. As per the First Information Report, the informant stated that on 02/02/2026, while he was sitting with his relatives near the old ginning premises at Vasantnagar, Pusad, the accused persons namely Rehan @ Fakira, Hafiz, Kamble, Shailesh, Rehan @ Mannu, Sheikh Faizan and Anis allegedly came there and assaulted his cousin Sheikh Saden. It Piyush Mahajan 2026:BHC-NAG:11507 2 36-Cr.BA-1035-2026 is alleged that Rehan @ Mannu and Rehan @ Fakira were carrying knives and inflicted injuries on Sheikh Saden with an intention to cause his death, resulting in serious injuries. The injured was initially taken to the Government Hospital and thereafter referred to Yavatmal for further treatment. Based on these allegations, the crime was registered. 4. The learned counsel for the applicant submits that the accused namely, Sheikh Faizan, Sheikh Mohammad, Shailesh Raju Kale, Abdul Hafij Abdul Majit and Sayyad Anis Sayyad Ayaj have been released by the trial Court by different orders, however, the application of the applicant was rejected only on the ground that the weapon used in the commission of the crime, i.e., the knife, was recovered from him. 5. I have perused the observations of the trial Court. I do not see any impediment in releasing the present applicant on the same grounds and observations as observed in the trial Court’s orders dated 05/06/2026 and 18/05/2026. It is further to be noted that Rehan @ Mannu and Rehan @ Fakira, appear to be the main accused persons, however, the applicant and other accused persons who have been released by the trial Court are similarly situated persons. Therefore, I am inclined to grant bail for the Piyush Mahajan 3 36-Cr.BA-1035-2026 same reasons as assigned in the said orders. Hence, the following order: O R D E R (i) The Criminal Application is allowed; (ii) The applicant/accused (Ajay Santosh Kamble) be released on regular bail in connection with Crime No.98/2026 for the offences punishable under Sections 109, 189(2), 191(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Vasantnagar, District Yavatmal, on 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; Piyush Mahajan 4 36-Cr.BA-1035-2026 (v) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for one single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail; (vi) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same; (vii) 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 19:28:38