1 20 ABA 753.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 753/2026 (Om Raju Salam 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. Y. K. Dhande, Advocate for applicant. Mr. A. Badar, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 01/09/2026. Heard. 2. By this application, the applicant is seeking anticipatory bail in connection with Crime No.878/2025 registered with Police Station Awdhootwadi, Tq. and Dist. Yavatmal for the offences punishable under Sections 103(1), 109, 351(2), 352, 296, 189(2), 190, 191(2), 191(3) of the Bharatiya Nyaya Sanhita. 3. The brief facts of the prosecution case are that on 06/06/2025, the informant and deceased namely Suraj Gatade were returning from the house of Amitesh Chandale. Whereas, the applicant along with co-accused persons was standing beside the road. On the date of incident at about 9.30 p.m. when the informant and the deceased were on their motorcycle, at that time, the 2 20 ABA 753.26 accused persons stopped the informant and deceased. Thereafter, they started abusing them and started assaulting the deceased with the help of knife. Therefore, informant caught hold of one juvenile namely Rikkalwar and pulled him back. At that time, Rikkalwar assaulted the informant on his stomach by knife but he saved himself from the said assault. When the deceased was running away, the accused persons followed and assaulted him by a knife leading to his death and thereafter ran away. Based on this information, the first information report was registered. 4. The learned counsel for the applicant submits that the informant is the eyewitness of the alleged offence and he has described the entire event/tenor of the alleged incident. He further submits that in the FIR, name of the present applicant has not appeared. When the statement under Section 183 of Bharatiya Nagarik Suraksha Sanhita (“BNSS”) was recorded, only reference has been made so far as the present applicant is concerned. However, it appears that apart from the three main accused i.e. Yuvraj, Rikkalwar, and Gattu, no role has been assigned to the applicant in the entire allegations of assault committed on 3 20 ABA 753.26 the deceased. It is further submitted that the applicant’s name appears in the statement recorded under Section 183 of the BNSS only to the extent that he was driving the Jupiter motorcycle, wherein the weapon of the crime and the clothes of Yuvraj were present. He submits that, there are no allegations that the applicant has taken away the accused persons on the Jupiter motorcycle. Therefore, the learned counsel for the applicant submits that statement recorded under Section 183 of the BNSS is not helpful to the prosecution so far as the role of the applicant is concerned. An isolated reference of Jupiter motorcycle and the name of the applicant appearing without assigning any role to him cannot be considered against the applicant. Under such circumstances, he submits that there are no allegations against the applicant so far as the main incident is concerned, therefore he prays to be granted bail. 5. On the other hand, the learned APP vehemently opposes the application and submits that there are two eyewitnesses to the incident apart from the informant. He invited my attention to the statement of Ganesh Babhale who is a child witness, who stated that the applicant has participated in the assault and has given fist and kick blows 4 20 ABA 753.26 to the deceased. Therefore, he submits that considering the eyewitness and direct allegations attributed to the applicant, the applicant does not deserve to be granted bail. 6. I have considered the rival submissions. It appears from the first information report that admittedly name of three persons are mentioned therein. Even otherwise, there is no whisper or presence of the present applicant in the first information report. It is to be noted that, after going through the statement of another eyewitness who is an independent witness running the pan shop, where the alleged incident took place, even he does not disclose the presence of the present applicant at the spot. Whereas, he only mentioned names of three persons who has assaulted the deceased which is appearing in the first information report. The only statement showing involvement of the present applicant is of Ganesh, who is a minor. Even if his statement is to be taken as it is, the allegations against the applicant are only to the extent of giving fist and kick blows to the accused. However, consistently, the allegations are against Yuvraj, Rikkalwar, and Gattu that appears on record. It further appears from the record that 5 20 ABA 753.26 the murder has been committed in a brutal manner. It appears that the applicant is having three bodily offences, out of which one offence is registered under Section 307 of the Indian Penal Code in the year 2023, however, that by itself is not sufficient in the present case. Therefore, there is no material to connect the applicant with the present crime. Considering the role of the applicant, the nature of allegations and the material collected against the applicant, I am of the considered opinion that, since the applicant has not played any role in the entire episode, the applicant deserves to be granted anticipatory bail. Hence the following order:- ORDER (I) Application is allowed and disposed of. (II) In the event of arrest, the applicant Om Raju Salam be released on bail in connection with Crime No.878/2025 registered with Police Station Awdhootwadi, Tq. and Dist. Yavatmal for the offences punishable under Sections 103(1), 109, 351(2), 352, 296, 189(2), 190, 191(2), 191(3) of the Bharatiya Nyaya Sanhita on furnishing PR bond of Rs. 25,000/- with one solvent surety in the like amount. (III) The applicant shall attend the concerned Police Station on every Sunday between 11.00 a.m. to 02.00 p.m. or as and when called by the Investigating Officer till filing 6 20 ABA 753.26 of the supplementary charge-sheet. (IV) The applicant shall not tamper with the prosecution evidence in any manner. (V) The applicant shall co-operate with the Investigating Agency. 7. Pending application (s), if any, stand disposed of accordingly. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 02/09/2026 17:27:19