1 20 ABA 735.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 735/2026 (Mohan Pahadsingh Lahudkar & anr. 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. A. D. Bhate, Advocate for applicant. Mr. H.R. Dhumale, APP for non-applicant/State. Mr. U.J. Deshpande, Advocate for assist to prosecution. CORAM: M. M. NERLIKAR, J . DATED : 04/09/2026. Heard. 2. By this application, the applicant is seeking anticipatory bail in connection with Crime No. 208/2026 registered with Police Station Jalamb, Tq. Shegaon, Dist. Buldhana for the offence punishable under Sections 109, 115, 3(5), 352 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”). 3. The brief facts of the prosecution case are that the first information report (“FIR”) came to be lodged on 03/07/2026. The informant, namely Vaibhav S/o Purushottam Lahudkar, resident of Chikhli Khurd, lodged a written report alleging that his mother, his uncle and some other persons were jointly engaged in agricultural work at 2 20 ABA 735.26 No. 319, Lanjud Bhag-1. The agricultural field belonged to his mother. There was a dispute regarding the said land with admeasuring about 61R. with Sau. Aasha Wakate. Whereas, on 18/06/2026, the District Deputy Registrar, Buldhana, passed an order in favour of informant’s mother. Therefore, the possession of the said land was with them, and they were cultivating on the same. On 29/06/2026, at 11.30 a.m., the informant and others were carrying out agricultural work on the said land, thereafter at about 11.45 a.m., the accused persons, including the present applicants, came to the spot. The applicant No. 1 was carrying an iron rod whereby the applicant No. 2 was carrying a knife. They abused the informant and his companions in filthy language. The applicant No. 1, by means of an iron rod hit on the head of the informant's mother, and the applicant No. 2 assaulted his mother on her hands with the help of knife. The other accused persons also assaulted his mother by giving fist blows and kicks. Wherein, the informant and his companions were also assaulted and abused by the accused persons. The accused persons restrained them from intervening in the matter, when they tried to help informant’s mother. 3 20 ABA 735.26 Thereafter, the applicant No. 2 wrapped a scarf around the neck of the informant’s mother by stating that he would kill her and attempted to strangulate her. Therefore, the informant and his maternal uncle intervened, wherein his mother became unconscious, therefore, she was taken to the hospital at Khamgaon. The mother of the informant was advised to be shifted to the Government Hospital, Akola. Therefore, she was again admitted in the hospital of Dr. Thakare for her treatment. Based on this information, the FIR was registered. 4. The learned counsel for the applicant submits that the victim has sustained simple injuries. He has invited my attention to the injury certificate dated 13/07/2026 pertaining to Sangita (victim). He submits that the application was moved before the Magistrate seeking a direction to refer victim to the medical officer for examination in order to know the nature of injuries sustained by her. Since it is the specific case of the applicant that no injuries were caused to the victim and therefore they were required to file the aforesaid application. The said application was allowed and victim was referred to the hospital on 13/07/2026. He invited my 4 20 ABA 735.26 attention to the said injury certificate wherein three injuries were shown on the victim and accordingly he submits that all the injuries are simple in nature. He submits that the family of the applicant has also registered the FIR against the present informant's family. Since the family members of the applicant has also sustained serious injuries including the applicant No. 2. The learned counsel submits that there was a delay of 4 days in registering the FIR and there is no explanation for the said delay, therefore he submits that considering the counter case, the applicant deserves to be granted anticipatory bail. 5. On the other hand, the learned APP and learned counsel for the prosecution vehemently opposed the application and submitted that the applicant No.1 used iron rod and inflicted blow on the head of the victim. The applicant No.2 used knife for inflicting injuries on the hands of the victim. Thereby, serious injuries has been caused to victim. It is submitted that there was a communication between Doctor of Thakare Multiplicity Hospital and Critical Care to the Investigating Officer thereafter, victim was referred from above mentioned Hospital to the Government Hospital and she was in a 5 20 ABA 735.26 critical condition as she sustained serious injuries on the head as well as on her chest due to the blow given by accused No.2 Pramod. Due to this, there was an issue with respect to her heart. The victim’s health at the relevant time was very critical. The said communication disclosed that there was an injury to the head of Victim. He submits that though there was counterblast of FIRs against each other, however, the fact remains that victim sustained serious injuries due to the present applicants. Under such circumstances, he submits that applicants do not deserve to be granted anticipatory bail, since there is ample material on record and their custodial interrogation would be necessary. 6. I have considered the rival submissions. I have gone through the FIR and the case diary. After going through the FIR, there are direct allegations against both the applicants. The applicant No.1 used iron rod for inflicting injuries on the head of the victim, whereas the applicant No.2 gave blow on the hands of the victim with the help of knife. Upon perusal of communication made by the Doctor of Thakare Multiplicity Hospital and Critical Care to the Investigating Officer and disclosed that the 6 20 ABA 735.26 condition of victim was critical and she has sustained head injuries. She has also sustained serious injuries on her chest due to which her lungs were damaged and filled with the water. Further, she has also sustained injuries on her both hands. So far as the reliance placed on the injury certificate of the government hospital dated 13/07/2026 which demonstrates that these injuries are corresponding to the injury noted by the Thakare Hospital, however it is submitted that injuries are simple in nature. No doubt, the injuries may be simple, but in order to attract Section 109 of the BNS even if there are no injuries, still Section 109 of the BNS can be maintained. The gravity of the injuries can be understood from the initial communication dated 03/07/2026 between investigating officer and the Doctor at Thakare Hospital. Under such circumstances, this is not a fit case to grant anticipatory bail, hence the application is rejected. ( M. M. NERLIKAR , J.) Gohane. Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 07/09/2026 10:55:25