RAMESH S/O RAMCHANDRA JITTHA AND ANR v. THE STATE OF MAHARASHTRA THR PSO., PS SIRONCHA DIST. GADCHIROLI
ABA/746/2026 · 2026-09-02
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[ 2026 DAILYLAW 6113 (BOM) · dailylaw.ai ]
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[ 2026 DAILYLAW 6113 (BOM) · dailylaw.ai ]
Judgment text
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1 15.aba.746.2026 IN THE HIGH
COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.746 OF 2026 Ramesh s/o Ramchandra Jittha and 2. Ravi s/o Ramcandra Jittha ..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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Madhur Deo, Advocate for the applicants. Ms P.C. Bawankule, APP for the non-applicant/State.
CORAM: M.M. NERLIKAR, J.
DATE : 02.09.2026. Heard.
2. At the outset learned Counsel for the applicants, on instructions, seeks permission to withdraw the application to the extent of applicant no.1 Ramesh s/o Ramchandra Jittha.
3. Permission granted.
4. The application stands disposed of as withdrawn against applicant no.1.
5. By way of this application, the applicant no.2 is seeking pre-arrest bail in connection with Crime No.155 of 2026 registered with Sironcha Police Station, District Gadchiroli for the offences punishable under Sections 118(1), 118(2), 351(1), 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.
6. It is alleged that due to prior dispute between both the parties, the informant and his brother was assaulted by accused Ramesh with a stick and Ravi assaulted them by fist and kick blows. It is also alleged that applicant no.1 assaulted the brother of the 2026:BHC-NAG:11564
2 15.aba.746.2026 informant Gowardhan on the head with the stick and were also threatened with dire consequence, hence the FIR.
7. So far as the applicant no. 2 is concerned,
learned Counsel for applicant no.2 submits that the incident occurred on 05.07.2026 where it is alleged that the informant was standing in the premises of Amravati Bus Stop talking with some person, at that time the accused persons came and assaulted the informant and his brother Gowardhan by fists and kick blows. It is further alleged that brother of the informant has also been given blows with the help of wooden log on his head, which resulted into serious head injury. So far as role attributed to applicant no. 2 is concerned, it is only to the extent of fist and kick blows. It was accused no. 1 who gave blow with the help of wooden log on the head of the Gowardhan (brother of the informant) and therefore, considering the limited role played by applicant no.2, he prayed to be granted pre-arrest protection. 8. On the other hand, learned APP vehemently opposed the application on the ground that the FIR itself depicts that all the accused persons in furtherance of their common intention have committed the offence, in which applicant no.2 participated by giving fist and kick blows to the informant and his brother, due to which the victims sustained grievous injuries and therefore, pre- arrest protection is prayed to be rejected. 9. I have considered the rival submissions and perused the record. 3 15.aba.746.2026
10. It appears from the FIR that all the accused persons have assaulted the informant and his brother Gowardhan. Applicant/accused no. 1 Ramesh has given blow with the help of wooden log whereas so far as the applicant no. 2 Ravi is concerned, the role played by him is minimal as he has given fist and kick blows. Therefore, considering the role played by applicant no.2, I am inclined to grant the pre-arrest protection to applicant no.2. Hence the following order : (a) The application is allowed against applicant no.2 and disposed of. (b) In the event of arrest applicant no.2 Ravi s/o Ramchandra Jittha in connection with Crime No.155 of 2026 registered with Sironcha Police Station, District Gadchiroli for the offences punishable under Sections 118(1), 118(2), 351(1), 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, be released on furnishing P.R. bond of Rs.25,000/- with one surety in the like amount. (c) The Applicant no.2 shall attend the police station as and when directed by the Investigating Officer.
(d) The Applicant no.2/Accused shall co-operate with the Investigating Agency. (e) The applicant no.2 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. (f) The observations are prima facie in nature and
4 15.aba.746.2026 the Trial Court shall not be influenced by the same. (g) All Misc. application(s), pending if any, shall stands disposed of accordingly. (M.M. NERLIKAR
, J. )
Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 02/09/2026 18:21:45