1 30.ba.1041.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.1041 OF 2026 Ganesh s/o Uttam Sanap ..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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.S. Kurekar, Advocate for the applicant. Shri A.M. Kadukar, APP for the non-applicant/State. CORAM: M.M. NERLIKAR, J. DATE : 08.09.2026. Heard. 2. By way of this application, the applicant is seeking bail in connection with Crime No.446 of 2026 registered with Risod Police Station, District Washim for the offences punishable under Sections 109(1), 238, 351(2), 352 of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The FIR came to be lodged by the informant alleging that due to the land dispute between the parties, on 28.04.2026 the applicant came and started verbally abusing the informant and gave death threats to him. Further, the applicant gave blow to the informant on the head with an iron Axe, due to which he sustained grievous injuries and therefore the report. 4. Learned Counsel for the applicant submits that the applicant is in jail since 30.04.2026, the investigation is complete and charge-sheet is filed. He submits that due to the land dispute between the parties, the alleged incident took place, there was no intention on the part of the applicant. Therefore, the applicant prayed to be 2026:BHC-NAG:11895 2 30.ba.1041.2026 enlarged on bail. 5. On the other hand, learned APP vehemently opposed the application on the ground that the assault by the applicant was on the vital part of the body; Due to the assault and the weapon used by the applicant, serious injuries have been caused to the informant. To substantiate his contention, he invited my attention to the injury report and CT scan report, which show that there was skull fracture. He also submits that there are eye-witnesses to the said incident and therefore, considering the serious injuries caused to the informant and the weapon used by the applicant to inflict the blow, the application is prayed to be rejected. 6. I have considered the rival submissions and perused the record. It appears that there was a land dispute between both the parties, however the fact remains that the applicant had used deadly weapon in the assault, due to which the informant sustained two serious injuries on his vital parts of the body. Perusal of the CT scan report of the informant reveals the following injuries : “Acute traumatic extradural hemorrhage of maximum thickness 5.3 mm seen in left frontal region. Few tiny intraparenchymal haemorrhagic contusion frontal lobe as described above. Acute traumatic subarachnoid haemorrhage in left frontal lobe. Craniofacial fractures as described.” 7. Upon perusal of the entire charge-sheet, I am of 3 30.ba.1041.2026 the considered opinion that though the investigation is complete and charge-sheet is filed. However considering the seriousness and gravity of the offence, I am not inclined to enlarge the applicant on bail. Hence, the application is rejected. (M.M. NERLIKAR , J. ) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 08/09/2026 18:08:16