Order 040926aba730.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [ABA] NO. 730 OF 2026. Sahil @ Swikar Suresh Gofane -VERSUS- State of Maharashtra. Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri S. Joshi, Advocate for the Applicant. Shri H.R. Dhumale, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 04, 2026. Heard. 2. The applicant is apprehending his arrest in connection with Crime No.414/2026 registered with Pusad City Police Station, District Yavatmal for the offences punishable under Sections 115, 118[2], 3[5], 351[2], 351[3] and 352 of the Bharatiya Nyaya Sanhita, 2023 (BNS). The allegations in the first information report lodged by Sushma Hiwarkar are that on 19.05.2026 when she along with her son had been to their agricultural field for plucking mangoes. At Rgd. 2026:BHC-NAG:11777 Order 040926aba730.26 2 that time her brother came there and obstructed them. When the informant told him that the said tree falls within her portion of the land, he abused her and called other accused persons. The applicant assaulted the informant and others with the help of knife, therefore, they suffered injuries. Hence, the report. 3. The learned Counsel for the applicant submits that the applicant is 19 years of age and is pursuing his studies. Though the first information report contains allegations that the applicant has used a knife to inflict blows upon the informant, considering the fact that the charge sheet has already been filed, no custodial interrogation would be necessary. Therefore, considering the nature of allegations and interse dispute between the parties in respect of land, the applicant is entitled to be protected. He further submits that even if the allegations are taken as it is, the injuries sustained are not life threatening one and are not inflicted on the vital part of the body. Therefore, considering the age of the applicant as also the fact that he is a student, he deserves to be granted anticipatory bail. Rgd. Order 040926aba730.26 3 4. On the other hand, the learned A.P.P. has invited my attention to the injury certificate wherein serious injuries are caused to the informant by the applicant with the help of knife. My attention is also invited to the photographs which were collected by the investigating officer, coupled with the injury certificate, wherein incise wound (deep) on right forearm of Vipul was caused by a sharp weapon i.e. knife. So far as the injury to informant is concerned, it is incise wound on the right hand (tendon rupture), which are classified as grievous injuries. The learned A.P.P submits that there is a eye witness to the incident and knife is yet to be recovered, and in such circumstances, considering the seriousness of the crime, the applicant does not deserves to be granted anticipatory bail. 5. I have considered the rival submissions. The incident had occurred on 19.05.2026, where as the first information report was lodged on 23.05.2026. No doubt there is delay in lodging the same, however, considering the nature and gravity of the crime it is very difficult to release the applicant on anticipatory bail. It is to be noted that perusal of injury certificate demonstrates that the same are serious and Rgd. Order 040926aba730.26 4 grievous in nature. It is further to be noted that it is the applicant who has inflicted the blows with knife on the informant and her son Vipul. The charge sheet is filed against the applicant under Section 299 of the Code of Criminal Procedure. It is also brought to my notice by the learned Counsel for the applicant that even the applicant side has filed a counter first information report against the informant party. However, that by itself is not sufficient to grant him anticipatory bail. In such circumstances, considering the seriousness and gravity of the offence, I am not inclined to grant anticipatory bail to the applicant, though he is 19 years of age and pursuing his studies. Criminal Application is accordingly rejected. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 07/09/2026 15:28:47