1 22-Cr.ABA-768-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [A.B.A.] NO. 768 OF 2026 Sagar Jaylal Pusam -- VERSUS -- The State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. Atharva S. Manohar, Advocate for the Applicant. Ms. S.N. Thakur, A.P.P. for the Non-applicant/State. Mr. N.A. Vaidhya, Advocate for the informant. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 10, 2026. Heard. 2. Apprehending arrest, the applicant has approached this Court in connection with Crime No.617/2026 for the offences punishable under Sections 118(2), 189(1), 189(2), 190, 192, 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Gondia City, District Gondia. 3. As per the First Information Report (“FIR”), the informant, namely, Deepak Shobhilal Kansare, aged about 32 years, residing at Lodhitola, Gondia, alleging that on 07/08/2026, at about 5:00 p.m., when he was present near the house of his friend Gulshan Sulakhe, the accused persons allegedly abused him and his friend's family. It is alleged that Piyush Mahajan 2026:BHC-NAG:12022 2 22-Cr.ABA-768-2026 the accused, namely, Ritik Thakre assaulted the informant on his head with a stick, whereafter the other accused persons assaulted him. It was further alleged that accused Vikesh Gawarane threw a brick at Gulshan Salunkhe thus he sustained injuries. It was also alleged that accused person namely, Gunjan Thakre has assaulted the informant and abused the family members of his friend. During the incident, Gunjan Thakre is alleged to have exposed his private parts and made a remark that no one could do anything to him. When the informant’s father intervened in an attempt to separate the parties, accused Vikesh Gawarane allegedly threw a brick at him, which hit him on the head and caused an injury. The informant further alleged that the accused persons extended threats of causing harm to him in the future. On the basis of these allegations, the First Information Report (FIR) came to be registered. 4. The learned counsel for the applicant submits that the applicant has been falsely implicated in the present crime. He submits that, even if the allegations in the F.I.R. are taken as it is, no role has been attributed to the present applicant. He submits that the principal roles have been attributed to accused Nos. 1, 3, 4 and 6. He further submits that, as stated in the reply filed by the State, the mobile phone containing the relevant footage has been seized, and the entire incident has been recorded therein. However, the applicant is not seen in the said footage. He further submits that this Court has already granted protection to the applicant by order dated 27/08/2026. On the Piyush Mahajan 3 22-Cr.ABA-768-2026 very same day, another F.I.R. came to be registered by the rival group against the informant and others. In view of the aforesaid circumstances, the learned counsel appearing for the applicant prays that the applicant be granted anticipatory bail. 5. On the other hand, the learned A.P.P. and the learned counsel appearing for the informant vehemently opposed the application and submits that the applicant has been named in the F.I.R. Though, in the mobile recording done by one of the members from the informant's side, the applicant does not appear in the recording, that by itself, is not sufficient when there are statements of eyewitnesses taking the name of the present applicant. They further submit that the injury certificate of Bhagratha Salunkhe shows that she had sustained a fracture of the right distal end of the radius. They further submit that another injured person, namely Shobhelal, sustained an injury to his head, and the informant, i.e. Deepak, also sustained an injury to his head. It appears that all these injuries were caused by accused Vikesh Gawarane and Ritik Thakre. They further submit that a mob comprising several persons came to the spot and started assaulting the persons present there. Therefore, merely because some of the co-accused are alleged to have caused injuries, the same cannot be considered in isolation, as the incident was a collective act of all the accused persons, including the present applicant. The learned counsel appearing for the informant has placed on record a copy of the complaint dated 07/09/2026 made to the Police Inspector, Gondia, Piyush Mahajan 4 22-Cr.ABA-768-2026 wherein it is alleged that the group of the applicant had threatened the villagers, stating that no one could do anything against them, including the police, the Court, etc. Therefore, they submit that, considering the seriousness of the crime, a person like the applicant does not deserve to be granted anticipatory bail, and pray for rejection of the application. 6. I have considered the submissions of both sides. It appears that the F.I.R. was registered on 08/08/2026. The incident took place on 07/08/2026 in the evening at about 05:00 p.m. It appears that Ritik Thakre, along with Vikesh Gawarane, one Baba and 7–8 other persons, had gathered at the spot and started abusing the informant and others. It further appears that Ritik Thakre and Vikesh Gawarane assaulted the injured persons. So far as the present applicant is concerned, even in the F.I.R., except for his presence at the spot, no overt act has been attributed to him. It is further to be noted that the reply filed by the learned A.P.P. indicates that the said incident was recorded on the mobile phone of one of the persons from the informant’s side. The said recording shows the active participation of accused Nos. 1, 3, 4 and 6, whereas the present applicant is not seen therein. It is further to be noted that, even otherwise, prima facie, it appears that Ritik Thakre and Vikesh Gawarane assaulted the injured persons. Under such circumstances, even if it is accepted that the applicant was present at the spot, in the absence of any overt act attributed to him, the applicant Piyush Mahajan 5 22-Cr.ABA-768-2026 deserves to be granted protection. It further appears that, by order dated 27/08/2026, this Court had granted interim protection to the applicant. Therefore, in my opinion, a case is made out for confirming the order dated 27/08/2026. Hence, the following order:- O R D E R (i) The Criminal Application is allowed and disposed of; (ii) The order dated 27/08/2026 is hereby confirmed on the same terms and conditions as incorporated in the said order; (iii) Pending Misc. Application(s), if any, also stand disposed of. [ (M.M. NERLIKAR, J.) Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 10/09/2026 17:02:28