1 27-Cr.BA-881-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 881 OF 2026 Karan s/o. Sanjay Nade -- VERSUS -- 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. S.P. Bhandarkar and Mr. Atharva Khadse, Advocates for the Applicant. Mr. N.B. Jawade, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 15, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.682/2024 for the offences punishable under Sections 103(1), 189(1), 189(2), 190, 191(2), 191(3) of the Bharatiya Nyaya Sanhita, 2023, Section 4, 25 of the Arms Act, 1959, and Section 135 of the Maharashtra Police Act, registered with Police Station Ajni, District Nagpur. 3. As per the First Information Report (F.I.R.), the informant, Sahil Vijay Savarkar, stated that on 20/12/2024, at about 4:30 to 5:00 p.m., his father Vijay Bajrang Savarkar and elder brother Mayur Vijay Savarkar were allegedly assaulted by the accused persons, namely Shubham Ganesh Kurwati, Piyush Mahajan 2026:BHC-NAG:12207 2 27-Cr.BA-881-2026 Badal Ganesh Kurwati, Sumit @ Dambrya Bhola Shrivas, Sandeep Nade, Soham Arjunwar and one unknown person. It was alleged that, pursuant to a prior dispute, the accused persons assaulted the deceased with sharp-edged weapons and wooden sticks, causing injuries to the informant, his father and brother. It was further alleged that the accused persons has inflicted injuries to the informant’s father and brother with the help of knife. Thereafter, the injured persons, namely, Vijay Savarkar and Mayur Savarkar were taken to the Government Medical College and Hospital, Nagpur, where they were declared dead by the attending doctors. Based on these allegations, the First Information Report (F.I.R.) came to be registered. 4. The learned counsel for the applicant submits that, in the First Information Report, the named as well as unnamed accused persons are alleged to have committed the murder of Vijay and Mayur, father and son respectively. In the F.I.R., the name of the applicant does not appear. Even if it is considered that the applicant was one of the unnamed accused persons, no overt act has been attributed to him, as the allegations against him are confined to pelting stones after the incident. Therefore, the learned counsel submits that, Piyush Mahajan 3 27-Cr.BA-881-2026 considering the role attributed to the applicant, he deserves to be granted bail. It is further submitted that, the post-mortem reports of both the deceased do not indicate any injuries caused due to stone pelting. Accordingly, the learned counsel submits that, in the absence of any overt act on the part of the applicant and considering that he has no criminal antecedents, the applicant deserves to be granted bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that the first incident occurred on 19/12/2024, wherein the father of the informant, namely Vijay, has assaulted one Shubham with the help of a wooden stick on his hand, leg and head. Due to this incident, the accused persons became annoyed and, accordingly, on 20/12/2024, in furtherance of their common object, all the accused persons went to the lane where the house and shop of the deceased persons were situated. He further submits that, though the name of the applicant does not appear in the F.I.R., however, the F.I.R. was registered against one unknown accused person. He further submits that the applicant has been named in the statements of the eye-witnesses, and he was also captured in the CCTV footage, wherein he was seen picking up a Piyush Mahajan 4 27-Cr.BA-881-2026 stone and running behind the deceased. Therefore, the learned A.P.P. submits that the applicant had shared the common object, and consequently, would be liable for the acts committed by the other accused persons including the murder of both the deceased. Therefore, he submits that, considering the seriousness of the crime, the presence of the applicant at the crime scene and the overt act attributed to the applicant, the applicant does not deserve to be granted bail. 6. I have considered the rival submissions. I have also gone through the F.I.R., the statement of the witnesses, the transcript of the CCTV footage, the post-mortem reports. Perusal of the aforesaid material reveals that, so far as the F.I.R. is concerned, it appears that the applicant has not been named therein. Though the F.I.R. was registered by the brother of the deceased Mayur, it indicates that unknown persons was also involved in the incident. Further, the statements of the witnesses reveal that the applicant was present at the spot and he ran towards the deceased Vijay while carrying a stone in his hand. It further appears from the CCTV footage that the applicant was seen pelting stones towards the side of the deceased persons. Perusal of the post- mortem reports reveal that the deceased Vijay had Piyush Mahajan 5 27-Cr.BA-881-2026 sustained 3 injuries, whereas deceased Mayur had sustained 9 injuries. Most of the injuries appear to be incised wounds and abrasions. It would be necessary to mention at this juncture that the main allegations are against Sumit @ Dumbrya Bhola Shrivas, Shubham Kurwati and Soham Arjunwar. Therefore, even if the material taken as it is, I do not find any role attributed to the applicant in inflicting the blows with the help of a knife. It is the aforesaid accused persons who are alleged to have inflicted such blows. Upon consideration of the material on record, it appears that though the applicant was present at the spot and was seen pelting stones and running towards the deceased Vijay, apart from the aforesaid allegations, there is no further overt act attributed to him. Under such circumstances, I am of the considered opinion that, though the offence is serious in nature, considering the role attributed to the applicant, I am inclined to grant bail by imposing stringent conditions. Hence, the following order: O R D E R (i) The Criminal Application is allowed; (ii) The applicant/accused (Karan s/o Sanjay Nade) be released on regular bail in connection with Crime No.682/2024 for the offences punishable under Sections 103(1), Piyush Mahajan 6 27-Cr.BA-881-2026 189(1), 189(2), 190, 191(2), 191(3) of the Bharatiya Nyaya Sanhita, 2023, Section 4, 25 of the Arms Act, 1959, and Section 135 of the Maharashtra Police Act, registered with Police Station Ajni, District Nagpur, on his furnishing a P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent 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, and also shall not tamper with the evidence; (iv) The accused shall provide his residential address and cell number to the Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency; (v) Once the trial commences, the accused shall attend each and every date of trial regularly. If he fails to attend the trial, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail; Piyush Mahajan 7 27-Cr.BA-881-2026 (vi) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same; (vii) 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: 15/09/2026 18:30:49