1 23 ABA 751.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 751/2026 (Akshay S/o Onkar Mundale 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. N. R.Tekade, Advocate for applicant. Ms. S. N. Thakur, APP for non-applicant/State. 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.370/2026 registered with Police Station Dabki Road, Akola for the offences punishable under Sections 118(2), 115(2), 352, 351(2), 351(3), 324(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The brief facts of the prosecution case are that, on 23/07/2026, the informant went to Ridhora, from where he Laxmi Akshay Mondale and her sister Sonu Bhagewar in his vehicle to take them out for dinner. Thereafter, he proceeded to pick up his friend Amit to take him for dinner. At about 9:15 pm, while they were on their way, the accused namely Bharat and Akshay along with 2 23 ABA 751.26 two others whom the informant new by face, intercepted his vehicle. The informant was assaulted on his right hand and leg with an iron rod by Bharat thereby he sustained injuries. Whereas, the applicant and other accused persons assaulted the informant with fist blows and kicks and abused him. Based on this information, the first information report was registered on 24/07/2026. 4. The learned counsel for the applicant submits that the informant had taken applicant’s wife and her sister out for dinner, thereafter the applicant and other accused intercepted the informant and assaulted him with the help of iron rod, kicks and fist blows. He submits that the circumstances under which the offence was committed are necessary to be gathered. Even assuming that the applicant had a specific intention, the incident occurred was out of annoyance caused by the informant. He further submits that this Court has already granted interim protection to the applicant by an order dated 21/08/2026 and, that the applicant has attended Police Station as directed by this Court. Therefore, he submits that, considering the nature of the allegations, the applicant, be released on anticipatory bail. 3 23 ABA 751.26 5. On the other hand, the learned APP submits that the interim protection was granted only upon consideration of the facts. The learned APP submits that, the informant sustained serious injury, resulting in fracture of his fifth metacarpal of right side. Though, the applicant was annoyed by the act of the informant, the applicant could not have assaulted him with the help of iron rod. Therefore, considering the injury sustained by the informant, the applicant does not deserve to be granted anticipatory bail. 6. I have considered the submissions of both sides. This Court, by an order dated 21/08/2026 had granted interim protection to the applicant. It appears that he has complied with the conditions imposed by this Court. The FIR and the papers of the investigation has been perused. It could be gathered from the material on record that the informant had taken the applicant’s wife and her sister out for dinner. Being annoyed by this fact, the applicant and the other accused persons went to the informant and assaulted him with the help of iron rod and fist and kick blows. Considering the nature of allegations, there is no doubt that, so far as the injury is concerned, it appears that 4 23 ABA 751.26 the informant has sustained fracture of the metacarpal on right side. Though the injury appears to be serious in nature, the circumstances in which the applicant has committed the offence is required to be considered. 7. Considering the above facts and circumstances, I am inclined to grant anticipatory bail to the applicant. Hence the following order:- ORDER (I) Application is allowed and disposed of. (II) The order dated 21/08/2026 is hereby confirmed on the same terms and conditions as incorporated therein. (III) The applicant shall co-operate with the Investigating Agency. 8. Pending application, if any, stands disposed of accordingly. 9. The observations of this Court are prima facie in nature and are only limited to this application. The Trial Court shall not be influenced by the aforesaid observations. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 04/09/2026 17:25:22