Order 080926aba761.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [ABA] NO. 761 OF 2026. 1.Adnan Uzef Abdul Razik 2.Saiyad Sahil Saiyed Rahim -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.V. Sirpurkar, Advocate for Applicants. Shri H.D. Marathe, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 08, 2026. Heard the learned Counsel for the parties. 2. Applicants are apprehending their arrest in connection with Crime No.371/2026 registered with M.I.D.C. Police Station, Akola for the offences punishable under Sections 118[1], 118[2], 351[2], 352 and 3[5] of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. It is alleged in the first information report that, the injured/informant was playing song in his auto, at that time unknown person asked him to lower the volume. On this Rgd. 2026:BHC-NAG:11925 Order 080926aba761.26 2 count, the unknown person and applicant no.2 assaulted the informant. It is alleged that the applicant no.2 assaulted on forehead of the informant with knife and unknown person threw stone at him, and also both of them abused him. Hence, the first information report. 4. The learned Counsel for applicants submits that the allegations in the first information report are exaggerated. It is alleged that applicant no.1 has given a blow with the help of stone, while applicant no.2 has given the blow with the help of knife. The dispute arose as the informant was playing a song at a high volume in his auto, and the applicant no.1 asked him to lower the volume but, the informant got annoyed with the same. The learned Counsel submits that applicant no.1 has lodged first information report against the informant, alleging that the fracture has caused fracture to his hand. He further submits that the incident occurred on a sudden and grave provocation at the instance of the informant herein, and therefore considering the allegations and that, it is a case of counter first information report. Therefore, they be granted anticipatory bail. 5. On the other hand, the learned A.P.P. vehemently Rgd. Order 080926aba761.26 3 opposed the application and submits that there are eye witness to the incident. Further he submitted that the injuries caused to the informant are by hard and blunt object. Inviting my attention to the injury report, he submitted that out of three injuries, two are simple and one is grievous. Therefore, considering the seriousness of the crime, applicants do not deserve to be granted bail. 6. I have considered the submissions and perused the first information report registered by the present applicant no.1, wherein it is alleged that the informant was playing a song at a high volume in his auto. At that time one unknown person asked him to lower the volume, thereafter, the said unknown person called his friend Sahil [applicant no.2]. Further it is alleged that applicant no.1 gave a blow with the help of stone on the forehead of the informant, and his friend used knife for inflicting blow on the forehead. Based on these allegations, the first information was lodged by the informant herein against the applicants. 7. Perusal of the counter first information report lodged by applicant no.1 against the informant -Ravi shows that the applicant no.1 was on his motorcycle, at that time informant Rgd. Order 080926aba761.26 4 Ravi was playing a song at a high volume. The applicant no.1 requested to lower down the volume, for which he was assaulted by informant Ravi, causing fracture injury to the hand of applicant no.1. Upon consideration of the first information report, it appears that the incident occurred on a petty issue of playing song at a high volume in auto. It further appears that the informant Ravi was sitting in the said auto, and was playing the song in high volume. No doubt so far as the injuries to the informant are concerned, it appears that there are two simple injuries and one grievous on the right eye, however, all the three injuries are shown to be caused by hard and blunt object. Prima facie it appears that there is no injury caused by sharp edged weapon. Considering above facts and circumstances and the allegations made against each other, I am of the considered opinion that a case is made out to grant anticipatory bail, hence, the following order. ORDER (i) Criminal Application is allowed and disposed of. (ii) In the event of arrest of applicants – Adnan Uzef Abdul Razif and Saiyad Sahil Saiyed Rahim in connection with Crime No.371/2026 registered Rgd. Order 080926aba761.26 5 with M.I.D.C. Police Station, Akola for the offences punishable under Sections 118[1], 118[2], 351[2], 352 and 3[5] of the Bharatiya Nyaya Sanhita, 2023 (BNS), they be released on anticipatory bail on furnishing P.R. Bond of Rs.25,000/- with one solvent surety each in the like amount. (iii) The applicants shall attend the concerned Police Station on every Sunday between 11.00 a.m. to 02.00 p.m. as well as, as and when called by the Investigating Officer. (iv) The applicants shall not tamper with the prosecution evidence in any manner. (v) The applicants shall not misuse this grant of bail. (vi) Misc. Applications if any, also stands disposed of. JUDGE Rgd.