1 29 BA 1077.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1077/2026 (Ashwin Daduram Choudhary & anr. 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R. H. Rawlani, Advocate for the applicant. Mr N. B. Jawade, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 10/09/2026. Heard. 2. By this application, the applicants are seeking bail in connection with Crime No.221/2026 registered with Police Station Kapilnagar, Nagpur for the offences punishable under Sections 109(1), 324(4), 189, 190, 191, 192, 352, 351(3) of the Bharatiya Nyaya Sanhita read with Section 135 of the Maharashtra Police Act. 3. The brief facts of the prosecution case are that the First Information Report (“FIR”) was lodged by Sheikh Akil Sheikh Jalil alleging therein that on 20/04/2026 at 12.30 mid night, he along with his friend namely Mohd. Siraj went to Highway Bar and Restaurant, there they got into a quarrel with Azhar over informant’s refusal to pay for his cigarette, which turned into assault with fist and kick 2 29 BA 1077.26 blows. At that time, Azhar called one Raja Hiroti, (co- accused) who came with 05 boys on two motor cycles. All of them were carrying knife and rod in their hands. Raja Hiroti instigated them to kill the informant party as they have quarreled with his brother and saying so Raja Hiroti inflicted blow with an iron rod on the head of informant and one Pintu Upadhay (co-accused) gave a blow of rod on his person. Friend of informant Mohd. Asif @ Sonu Bashir Sheikh came to rescue, however he was also assaulted and injured. It is alleged that the accused persons came towards informant with an intention to kill him with knife. It is further alleged that they damaged his activa vehicle. Based of these information, FIR was registered. 4. The learned counsel for the applicants submits that the applicants are original accused Nos. 5 and 6 respectively. He further submits that so far as applicant No.1 is concerned, his name has not been mentioned in the first information report. However, in mobile recording by one person, the applicant No.1 was seen giving fist and kick blows to the injured. So far as the role attributed to the applicant No. 2 is concerned, he was shown standing 3 29 BA 1077.26 with the knife. However, in the mobile recording, no knife is seen in the hand of the applicant No. 2, on the contrary, applicant No. 2 prevented one of the co-accused from giving blows with the help of “Farshi”, therefore he submits that, the main assailants are accused Nos. 1 and 3 who have used knife and have injured informant and his friend Asif. Accordingly, he submits that the said incident occurred on petty issue of non payment of bill in respect of a cigarette. Therefore, considering the fact that the applicants are in Jail since 21/04/2026 and now investigation is complete, charge-sheet is filed and there are no criminal antecedents against the applicant Nos. 1 and 2, they deserve to be granted bail. 5. On the other hand, the learned APP vehemently opposes the application and submits that the accused persons formed an unlawful assembly and in-furtherance of common object, they assaulted two injured persons with the help of knife due to which serious injuries are caused to Asif and the informant. He submits that informant among other injury also suffered from fracture on right orbit of eye. He further submits that both the applicants are seen in the recording. Though, so far as applicant No.1 4 29 BA 1077.26 is concerned, there are allegations of giving fist and kick blows, however, he submitted that he has actively participated in the entire episode. Even applicant No. 2 was seen in the recording. Under such circumstances, he submits that mere filing of the charge-sheet would not be helpful to the applicants, and it is necessary to see the gravity and seriousness of the offence. The act committed by other accused persons even for that the present applicants are responsible and therefore he prayed to reject the bail. 6. I have considered the rival submissions. Prima facie, it appears that the applicants are accused Nos. 5 and 6. It appears that initially in the FIR, the name of accused No.5 Ashiwn was not mentioned. However, third person has captured the video recording, wherein the presence of accused No.5 was marked and he had also actively participated in the assault by giving fist and kick blows. It is further to be noted that so far as the role of the applicant No. 2 i.e. accused No. 6 is concerned in the FIR, he was shown as holding a knife, however, in the recording, he has not been seen holding the knife. On the contrary, it appears that he has intervened as one of the co-accused 5 29 BA 1077.26 was inflicting blow on the injured with the help of “Farshi”. Under such circumstances, in my opinion, since the applicants are arrested on 21/04/2026 and there are no criminal antecedents. Further, the fact that now the investigation is over and the charge-sheet is filed, I am inclined to grant bail considering their role. Hence the following order:- ORDER (i) Criminal application is allowed and disposed of. (ii) The applicant/accused Ashwin Daduram Choudhary and Irfan Khan Ramzan Khan be released on bail in connection with Crime No.221/2026 registered with Police Station Kapilnagar, Nagpur for the offences punishable under Sections 109(1), 324(4), 189, 190, 191, 192, 352, 351(3) of the Bharatiya Nyaya Sanhita read with Section 135 of the Maharashtra Police Act on their furnishing P.R. Bond of Rs. 50,000/- each with two sureties in the like amount. (iii) 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. (iv) The accused shall provide their residential address and cell number to concerned Police Station and shall not change their place of residence without prior intimation to the concerned Investigating Officer. 6 29 BA 1077.26 (v) The applicants/accused shall attend each and every date of trial regularly. If they fail to attend the trial on even a single date or fails to comply with the aforesaid conditions, their default would entail the State to ask for cancellation of bail. 7. Pending application, if any, stands disposed of accordingly. 8. The observations of this Court are prima facie in nature and are only limited to this application. The Trial Court shall not be influenced by the aforesaid observations. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 10/09/2026 17:08:08