1 38.ba. 1127.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.1127 OF 2026 Nitsh s/o Krushnaji Bagde ..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.K. Tiwari, Advocate for the applicant. Shri A.M. Kadukar, APP for the non-applicant/State. CORAM: M.M. NERLIKAR, J. DATE : 09.09.2026 Heard. 2. By way of this application, the applicant is seeking bail in connection with Crime No.35/2026 registered with Gittikhadan Police Station, Nagpur City for the offences punishable under Sections 109, 115(2), 118(1), 296, 351(3), 189, 191(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (MCOCA). 3. Learned Counsel for the applicant submits that two accused persons of the same crime were released on bail by this Court vide order dated 21.08.2026 passed in Criminal Application No.1000/2026 and therefore, the applicant be released on bail on the ground of parity as he is also standing on the same footing in same set of facts and similar role is attributed to the applicant. 4. Learned Counsel for the applicant submits that total six offences were registered against the applicant, however in two offences he hasbeen acquitted and other 2026:BHC-NAG:12018 2 38.ba. 1127.2026 two offences are under Section 12 of the Gambling Act and one is under the NDPS Act and one under 325 of the Indina Penal Code. Learned Counsel submits that these offence were committed by the applicant in his individual capacity and not with the gang and therefore, provisions of MCOCA are not applicable. Therefore, he prayed that the applicant be enlarged on bail. 5. On the other hand, the learned APP vehemently opposed the application on the ground that though the applicant has not committed any crime along with the gang leader that by itself is not sufficient to enlarge him on bail. The law provides that if there are more than 2 chart sheets in 10 years, in that circumstances MCOCA can be invoked. He submits that even in the TI parade, the applicant was identified by the witnesses and therefore, the application is prayed to be rejected. 6. I have considered the rival submissions and perused the record. In my opinion the observations of this Court in the order dated 21.08.2026 are squarely applicable to the present applicant and hence for the same reasons recorded in the said order, the application is allowed. Hence the following order : (a) The application is allowed and disposed of. (b) The applicant Nitesh s/o Krushnaji Bagde in connection with Crime No.35/2026 registered with Gittikhadan Police Station, Nagpur City for the offence punishable under Sections 109, 115(2), 118(1), 296, 351(3), 189, 191(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(ii), 3(2), 3(4) 3 38.ba. 1127.2026 of the Maharashtra Control of Organized Crime Act, 1999 (MCOCA), be released on bail on furnishing P.R. bond of Rs.50,000/- with two sureties in the like amount. (b) The applicant shall not enter within the territorial jurisdiction where the informant is residing, till completion of the trial. (c) The applicant 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. (d) 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. (e) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for a single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. 7. The observations are prima facie in nature and the Trial Court shall not be influenced by the same . 8. All Misc. application(s), pending if any, shall stands disposed of accordingly. (M.M. NERLIKAR , J. ) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 10/09/2026 16:31:02