Order 040926ba1046.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 1046 OF 2026. Ganesh Pralhad Dawale -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 M.N. Agrawal, Advocate for the Applicant. Shri A.B. Badar, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 04, 2026. Heard. 2. The applicant came to be arrested in connection with Crime No.353/2026 registered with Hiwarkhed Police Station, Akola for the offences punishable under Sections 109, 115[2], 118[1], 352, 190, 191[2], 191[3] of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 135 of the Maharashtra Police Act, 1951. 3. The first information report came to be lodged by Ravindra Kadu, alleging that on 18.06.2026, his uncle called Rgd. 2026:BHC-NAG:11852 Order 040926ba1046.26 2 and informed that the accused person had abused him over parking of the tractor on the road. When the informant asked for the reason for abusing his uncle, the accused persons abused him also. During the exchange of heated words, accused Pralhad caught hold of informant’s brother and the applicant gave a blow on the head of Deepak - brother of informant with the help of an axe. Further even informant and others from informant party were also assaulted by other accused persons. Hence, the report. 4. The learned Counsel for the applicant submits that the informant party had been to the house of the applicant and started making ruckus, during which house and vehicle of applicant was damaged. So in order to save his family members, the alleged incident took place. It is submitted that it could be gathered from the counter first information report, that it is the informant party who had been to the house of the applicant. The learned Counsel further submits that since it is the informant party, who were assailants, and considering the circumstances in which the offence is committed, the applicant deserves to be released on bail. Rgd. Order 040926ba1046.26 3 5. On the other hand, the learned A.P.P. vehemently opposed the application by submitting that the applicant is the main accused person, who has inflicted blow with the help of an axe on the head of the victim. Considering the role played by the applicant and the fact that the injury is serious, caused by a deadly weapon i.e. an axe, and further that there are eye witnesses to the incident, therefore, he submits that the applicant is not entitled to be released on bail. 6. I have considered the submissions canvassed by both the parties. Prima facie it appears that it is the informant party who had been to the house of the applicant. Perusal of the spot panchnama of both the first information reports, it is revealed that admittedly the spot of incident is house of the applicant. The first information report which was registered by the applicant wherein panchnama was drawn, from which it could be gathered that the entire house and vehicles were damaged by the informant party. While conducting the spot panchnama in the present first information report, as stated above, the spot of incident is house of the applicant. Though there are variances in both the spots, Rgd. Order 040926ba1046.26 4 however, fact remains that it is the house of the applicant where the incident occurred. No doubt, so far as the injury caused to Deepak Kadu is concerned, the same is serious in nature. However, considering the fact that mob of 7-8 persons had been to the house of the applicant and attacked him. In such circumstances, I am of the considered opinion that the applicant has made out a case for grant of bail. Hence, the following order. ORDER (i) Criminal Application is allowed and disposed of. (ii) The applicant /accused Ganesh Pralhad Dawale be released on regular bail in connection with Crime No. 353/2026 registered with Hiwarkhed Police Station, Akola for the offences punishable under Sections 109, 115[2], 118[1], 352, 190, 191[2], 191[3] of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 135 of the Maharashtra Police Act, 1951 on his furnishing P.R. Bond of Rs.50,000/- with two sureties in the like amount. (iii) The accused shall not enter within the Rgd. Order 040926ba1046.26 5 territorial jurisdiction where the informant is residing, till the completion of the trial. (iv) The accused 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. (v) 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. (vi) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for one single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. (vii) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial. (viii) Misc. Applications, if any, are also disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 08/09/2026 10:10:54