1 20.ba.1013.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.1013 OF 2026 Lokesh @ Lucky s/o Ashok Gupta ..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 R.S. Nayak, Advocate for the applicant. Ms P.C. Bawankule, APP for the non-applicant/State. CORAM: M.M. NERLIKAR, J. DATE : 02.09.2026. Heard. 2. By way of this application, the applicant is seeking bail in connection with Crime No.1346 of 2022 registered with Panchpaoli Police Station, Nagpur for the offences punishable under Sections 302, 34, 143, 144, 147, 148, 149 of the Indian Penal Code. Later on, offences under Section 120B, 109 of the IPC read with Section 135 of the Maharashtra Police act were added. 3. The FIR was registered by Harsh Kottulwar alleging that when he was chitchatting with his friends, that time he heard the scream of his brother Shankar Kottulwar and accordingly, he rushed to the spot of incident and saw that his brother was assaulted by the applicant by means of knife. At that time applicant’s father Ashok also standing on the said place and instigating the applicant to assault the deceased. When informant intervened, he was threatened with dire consequences and fled away. Due to the injuries, Shankar succumbed to the injuries, when he was taken to 2026:BHC-NAG:11638 2 20.ba.1013.2026 the hospital. Hence the FIR. 4. Learned Counsel for the applicant submits that earlier bail application of the applicant was rejected by this Court vide order dated 18.07.2025. It is submitted that there is an inordinate delay in trial as FIR was registered on 27.12.2022 and on 28.12.2022, the applicant was arrested whereas the charge-sheet was filed on 10.03.2023. Till 18.07.2025, only two witnesses were examined and till today only 8 witnesses have been examined. In the charge-sheet there are 62 witnesses are shown to be examined by the prosecution. Therefore, considering the prolonged incarceration of the applicant and delay in trial, the applicant prayed to be enlarged on bail. Learned Counsel for the applicant undertakes before this Court that the applicant will attend each and every date of the trial, without seeking any exemption. 5. On the other hand, the learned APP vehemently opposed the application by inviting my attention to the facts of the present case. She submitted that the Trial Court is taking the matters after 10 days interval and therefore, it cannot be said that the applicant’s fundamental right of speedy trial is violated. It was also submitted that this Court has previously rejected the bail application of the applicant on merits. Considering the serious nature and gravity of the offence, this is not a fit case for grant of bail and hence the application is prayed to be rejected. 6. I have considered the rival submissions and perused the record. 3 20.ba.1013.2026 7. This Court has called the status report from the concerned Trial Court, from which it appears that the Court was required to issue warrants against the witnesses as they were not co-operating in the Trial. Evidence of 10 prosecution witnesses have been concluded however in the charge-sheet 62 witnesses are shown to be examined. For almost four years, the applicant is behind bars. Further perusal of report shows that on may occasions the applicant was not produced before the Trial Court and therefore, the applicant not at fault. As per dictum of the Hon’ble Supreme Court of India, the fundamental right of speedy trial under Article 21 of the Constitution cannot be eclipsed or defeated by the gravity or nature of the offence. 8. In this view of the matter and considering the fact that there is delay in trial due to which applicant’s fundamental right of speedy trial guaranteed under Article 21 of the Constitution of India is grossly violated, I am inclined to enlarge the applicant on bail. Hence the following order : (a) The application is allowed. (b) The applicant Lokesh @ Lucky s/o Ashok Gupta in connection with Crime No.1346 of 2022 registered with Panchpaoli Police Station, Nagpur for the offences punishable under Sections 302, 143, 144, 147, 148, 149, 120B, 109 of the Indian Penal Code and Section 135 of the Maharashtra Police Act, be released on bail on furnishing P.R. bond of Rs.50,000/- with one surety in the like amount. 4 20.ba.1013.2026 (c) The applicant 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. (d) The accused shall provide his residential address and cell number to Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency. (e) The applicant shall not commit any similar type of offence. (f) The accused shall attend each and every date of trial regularly. If he fails to attend the trial even on a single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. 9. The observations are prima facie in nature and the Trial Court shall not be influenced by the same . 10. 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: 03/09/2026 18:45:50