Rohan S/O Najuk Dongre v. State Of Maharashtra, Thr. Pso, Ps Borgaon Manju, Tq. And Dist. Akola

2025:BHC-NAG:5512

(1) 935.ba.479.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.479 OF 2025 Rohan s/o Najuk Dongre Vs.

State of Maharashtra, through Police Station Officer, Police Station, Borgaon Manju, District Akola -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A. H. Joshi, Counsel for the applicant through video conferencing. Ms. Shamsi Haidar, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 13/06/2025 1.

By this application, the applicant is seeking bail as he came to be arrested on 26.01.2025 in connection with Crime No.27/2025 registered with Police Station Borgaon Manju, District Akola for the offences punishable under Sections 109, 3(5) and 351(2) of the Bharatiya Nyaya Sanhita, 2023.

2.

The crime is registered on the basis of report lodged by Om Ravindra Mahalle, who alleged that on 26.01.2025 there was a hot exchange of words between him and the child in conflict with law. At the relevant time, present applicant was also present and during the scuffle, the child in conflict with law picked up the knife from his pocket and gave a blow on the person of the injured, due to which the injured has sustained the grievous injuries. On the

(2) 935.ba.479.2025 basis of the said report, police have registered the crime against the present applicant.

3.

Heard learned Counsel for the applicant who appeared through video conferencing submitted that as far as the present applicant is concerned, only allegation against him is that he came along with the child in conflict with law and was present at the time of the incident. With the similar allegation, other co-accused is already released on bail. In view of that, the application deserves to be allowed. 4.

Learned APP strongly opposed the said application and submitted that in furtherance of the common intention, the present applicant and the child in conflict with law caused the injury to the injured and thereby the application deserves to be rejected.

5.

On hearing both the sides and on perusal of the investigation papers, it reveals that except presence of the present applicant, no overt act is attributed to him. Now, the investigation is completed, charge-sheet is filed. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass the following order:

ORDER

(i) The application is allowed.

(ii) The applicant - Rohan s/o Najuk Dongre shall be released on bail in connection with

(3) 935.ba.479.2025 Crime No.27/2025 registered with Police Station Borgaon Manju, District Akola for the offences punishable under Sections 109, 3(5) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

(iii) The applicant shall attend the concerned Police Station if the investigating officer calls him for the investigation purpose.

(iv) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.

(v) The applicant shall attend the proceedings before the trial Court without seeking any exemption unless there are exceptional circumstances.

(vi) The contravention of any of the condition would lead to the cancellation of bail.

The application stands disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate