1 43.ba.1167.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.1167 OF 2026 Avinash Bhimraoji Waghmare ..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 Gurpreet Singh Chandok, Advocate a/w Shri G.G. Sahu, Advocate for the applicant. Ms T.H. Udeshi, APP for the non-applicant/State. CORAM: M.M. NERLIKAR, J. DATE : 16.09.2026. Heard. 2. By way of this application, the applicant is seeking bail in connection with Crime No.64 of 2026 registered with Ambazari Police Station, Nagpur for the offences punishable under Sections 61(2), 109(1), 189(2), 189(4), 191(2), 191(3) of the Bharatiya Nyaya Sanhita (BNS) and Section 135 of the Maharashtra Police Act read with Sections 4, 25 of the Arms Act. 3. The FIR came to be lodged by the sister of the victim (injured) alleging that due to prior dispute and grudge, the applicant’s party assaulted her brother mercilessly with an intention to kill him, due to which the victim had sustained grievous injuries. 4. Learned Counsel for the applicant submits that in the entire FIR applicant has not been named, only the injured has named the applicant in his statement. However, the applicant was not identified by the injured in TI parade. Further even if it is accepted that the applicant has been named by the injured in his 2026:BHC-NAG:12389 2 43.ba.1167.2026 statement, however no overt act has been attributed. He contended that main assailants are other persons, who have assaulted the victim with the help of knife and other deadly weapons. Therefore, as the investigation is over and charge-sheet is filed, the applicant deserves to be granted bail. 5. On the other hand, the learned APP vehemently opposes the application by submitting that sister of the injured registered the FIR on the basis of the information received by her and therefore, the name of the applicant does not figure in the FIR. She further submits that so far as the statement of the injured is concerned, specifically the name of the applicant was taken by the injured. She further submits that all the accused persons formed an unlawful assembly with a common object of killing the victim and accordingly, inflicted blows on the injured with deadly weapons. Though there is no specific overt act on the part of the applicant, however, he was the member of the unlawful assembly and therefore, the punishment would be the same as alleged offence committed by the others. 6. She further invited my attention to the injury certificate, where two injuries shown are grievous in nature and are on the vital part of the body. Under such circumstances, she submits that merely in the test identification parade, the applicant was not identified by the injured, that by itself is not sufficient to release him on bail, since the injured as well as other two eye- witnesses had named the applicant in their statement and therefore, the application is prayed to be rejected. 3 43.ba.1167.2026 7. The learned APP further submitted that there is offence registered against the applicant which is pending before the trial court. To this, the learned Counsel for the applicant submits that, way back in the year 2021, the said offence was committed and the charges levelled against the applicant are under the Arms Act. 8. I have considered the rival submissions of both the parties and perused the record and the statements of the injured and the eyewitnesses. Apparently, the applicant has been named in their statement. However, it is to be noted that neither any overt act has been attributed to the applicant, nor it was shown that the applicant was carrying any deadly weapon. The record further depicts that four grievous injuries are sustained by the injured. However, the fact remains that those injuries are not attributable to the applicant. So far as the identification parade is concerned, the victim has not identified the applicant. Be that as it may, considering the nature of allegations against the applicant, I am inclined to enlarge the applicant on bail. Hence, the following order : (a) The application is allowed. (b) The applicant Avinash Bhimraoji Waghamare in connection with C Crime No.64 of 2026 registered with Ambazari Police Station, Nagpur for the offences punishable under Sections 61(2), 109(1), 189(2), 189(4), 191(2), 191(3) of the Bharatiya Nyaya Sanhita (BNS) and Section 135 of the Maharashtra Police Act read with Sections 4, 25 of the Arms Act, be released on bail on furnishing P.R. 4 43.ba.1167.2026 bond of Rs.50,000/- with one solvent surety in the like amount. (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 applicant shall not commit any offence in future. (f) 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. 9. The observations are prima facie in nature and the Trial Court shall not be influenced by the same . 10. 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: 17/09/2026 17:42:07