1 32 ba 1036.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1036/2026 (Sahil S/o Isha Ansari Vs. State of Maharashtra) with CRIMINAL APPLICATION (BA) NO. 1040/2026 (Lukman S/o Isha Ansari 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. S. D. Chande, Advocate for applicants. Mr. N. B. Jawade, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 31/08/2026. Heard. 2. By these applications, the applicants are seeking bail in connection with Crime No.6/2026 registered with Police Station Kalmana, Nagpur for the offences punishable under Sections 103(1), 118(1), 115(2), 296, 351(3), 189(2), 191(2), 190, 191(3) of the Bharatiya Nyaya Sanhita. 3. Brief facts of the prosecution case are that on 03/01/2026, the present applicant and co-accused persons assaulted the informant, the eyewitness – Salim bhai and others including the deceased - Ritik with the help of various weapons. A total of six people assaulted them and fled from the spot after assaulting them. Based on this 2 32 ba 1036.26 information, the first information report was registered. 4. The learned counsel for the applicant submits that the applicants before this Court are Sahil and Lukman. He submits that, insofar as the role attributed both the applicants are concerned, they are not responsible for the murder of the deceased Ritik Patel as he has been given blow by Mustafa @ Golu – accused No.2. He submits that initially accused No.2 had taken the deceased Ritik and informant for drinks. At that time, a quarrel took place between them on account of money. Therefore, Golu left Ritik and the informant in the midst of the road. Ritik and the informant informed Salim Bhai about the said quarrel. They also informed that Lukman Ansari- applicant has abused them on phone, therefore to pacify the quarrel, the informant and Ritik along with Salim Bhai went to the house of the accused No.2. At that time, Lukman, his brother Shahid @ Babua, Sahil Salauddin and his father Isha were present there. The accused persons thought that the informant and Ritik brought Salim Bhai to fight with them. Therefore, a quarrel took place amongst them. So far as the role of the present applicants are concerned i.e. Sahil and Lukman, it is alleged in the first information 3 32 ba 1036.26 report that the applicant Sahil along with Shahid and Salauddin assaulted with the help of weapons including iron rod on the head of Salim Bhai. So far as the role of Lukman is concerned, it is alleged that he caught hold of Salim Bhai while others were assaulting him. The learned counsel further invited my attention to the injury certificate, wherein Salim Bhai has sustained nine injuries, out of which three injuries are laceration over head, laceration over left temporal region and laceration over left occipital region. However all the injuries are classified as simple injuries. He further invited my attention to the statement of Salim Bhai wherein he specifically stated that Lukman caught hold of him and Shahid along with Sahil and Saluddin assaulted him. However, there are specific allegations against Shahid of having knife in his hand and by that knife, he inflicted blow on the head of Salim. The statements of independent eyewitnesses show that the applicants were only present, at the spot however there was no overt act on their part. Even in the statement of Salim, no overt act has been attributed to the applicants. Under such circumstances, he submits that the applicants are behind bars since 04/01/2026 and now the 4 32 ba 1036.26 investigation is completed and the charge-sheet has been filed. There are no criminal antecedents against the applicant, therefore he prays that the applicant be released the applicants on bail 5. On the other hand, the learned APP vehemently opposes the applications and submits that, the allegations are serious in nature as specific role has been attributed to the applicants. In the first information report itself, it is stated that Sahil used various weapons including iron rod for inflicting the blow along with Salauddin and Shahid. The applicant namely Lukman caught hold of Salim aiding Shahid, Sahil and Salauddin in assaulting and inflicting injuries with the help of knife and iron rod. Ritik was given blow by accused No.2 with the help of iron rod resulting in his death. He further submits that, Sahil also gave blow with the help of knife on the hand of the mother of the informant. Therefore, he submits that considering the injury certificate of Salim Bhai and statements of eye- witnesses, wherein role to the applicants has been attributed in the alleged incident, the applicants do not deserve to be granted bail. 5 32 ba 1036.26 6. I have considered the rival submissions. I have gone through the record placed before me. From the first information report, which was registered by Tanshu Shivprasad Nagpure who has accompanied Ritik and accused No.2, to the Bar for drinking purpose at that time initial quarrel took place between the Ritik and accused No.2 - – Mustafa @ Gollu on account of money, it appears that thereafter accused No.2 left Ritik and the informant in the midst of the road. At the relevant time, brother of accused No.2 Lukman called the informant and started abusing him. It further appears from the first information report that, while they were proceeding towards their respective houses, Salim Bhai met them and they have disclosed what has happened between the accused No2 and Ritik and also informed that Lukman has abused them on phone. Thereafter Salim Bhai stated that he will pacify the dispute, therefore they all headed towards the house of applicants. It further appears that, once they reached the house of the applicants, the family members of the applicants gathered and started abusing them. It further appears that the applicants, along with Shahid and Salauddin started assaulting Salim Bhai with the help of 6 32 ba 1036.26 knife and iron rod. The applicant - Lukman caught hold of Salim Bhai, whereas other accused persons inflicted injuries on his head. Accused No.2 gave blow on Ritik’s head with the help of iron rod causing injury to Ritik which led to his death. After perusal of the statement of Salim Bhai the allegations against the applicants are that they have beaten Salim Bhai, however specific allegations are against Shahid that he has given blow with the help of knife on the head of Salim Bhai. Perusal of further statements also shows that though the applicants were present at the spot of incident, however there is a lesser role played by them compared to other accused persons in the assault. In the statements recorded by the investigating officer, no use of any weapon is shown by Sahil. So far as the role of the Lukman is concerned, the allegations are that he caught hold of Salim Bhai while others were assaulting him. It is to be noted that it is the informant, Ritik and Salim Bhai who went to the house of the applicants, wherein the quarrel took place. In the said assault by the family members of the applicant, Ritik has lost his life which is not in dispute. However, considering the role of both these applicants, I am of the considered 7 32 ba 1036.26 opinion that they have made out a case to release them on bail as they are in jail sinced 04/01/2026 and now the investigation is completed and charge-sheet has been filed. Therefore, considering the nature of allegations against both the applicants, I am inclined to grant bail, hence the following order:- ORDER (i) Criminal application is allowed and disposed of. (ii) The applicants/accused Sahil S/o. Isha Ansari and Lukman S/o. Isha Ansari be released on regular bail in connection with Crime No.6/2026 registered with Police Station Kalmana, Nagpur for the offences punishable under Sections 103(1), 118(1), 115(2), 296, 351(3), 189(2), 191(2), 190, 191(3) of the Bharatiya Nyaya Sanhita on their furnishing P.R. Bond of Rs. 50,000/- each 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, as also shall not tamper with the evidence. (iv) The accused shall provide their residential address and cell number to concerned Police Station and shall not change their place of residence without prior intimation to the concerned Investigating Officer. (v) The applicants/accused shall attend each and every date of trial regularly. If they fail to attend the trial for two 8 32 ba 1036.26 consecutive dates or fail to comply with the aforesaid conditions, their default would entail the State to ask for cancellation of bail. 7. Pending application (s), 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: 01/09/2026 19:37:13