Sumit Kamlakar Dabhade v. State Of Maharashtra
2026:BHC-NAG:1161
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION [BA] NO. 10 OF 2026.
Pawan Manikrao Raut.
-VERSUSThe State of Maharashtra Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.
Shri S.S. Ali, Advocate for the Applicant.
Ms S. Haider, A.P.P. for the Non-applicant.
CORAM : M.M. NERLIKAR, J.
DATE : JANUARY 22, 2026.
Heard.
2.
The applicant came to be arrested in connection with Crime No.794/2024 registered with Yavatmal Police Station for the offence punishable under Sections 109, 309[6], 333, 352, 351[2], 3[5] of the Bhartiya Nyaya Sanhita, 2023.
3.
The informant - Ashutosh Singhania, lodged the report alleging that on 04.08.2024 at about 7.15 p.m. when he was at his shop, he heard shouts from the shop of his cousin Ganesh Singhania, and when he reached there, he saw that his cousin was lying in front of the cabin of
the shop and three persons aged 20 to 23 years were assaulting him. They were trying to take out the golden ring from his finger. One of the three was armed with a sword, and when the informant tried to save his cousin, he was attacked with sword and was also abused. The manager informed the informant that the accused persons have taken Rs.1,50,000/- and mobile phone costing Rs.12000/- with them. On the basis of this information, aforesaid offence came to be registered. 4.
The learned Counsel for the applicant submits that there is no overtact on the part of the present applicant. The only role which is attributed to the present applicant is that he was holding a sword. He further submits that, so far as other accused Ankush Rajendra Patrikar is concerned, who was also holding sword, he was released on bail by order dated 13.10.2025 passed in Criminal Application (BA) No.945/2025. He further submits that there are no injuries on the person of the victim. He has invited my attention to the medico legal certificate of Government Hospital, Yavatmal, wherein the history narrated is of assault by the accused persons with the help of stones and wooden stick, and therefore, submits that there is no allegations so far as using of sword is concerned. He therefore, prayed for grant of bail. 6.
The learned A.P.P. on the other hand submits that, there is strong prima facie case against the accused/applicant. They have robed
the cousin brother of the informant and some amount from the drawer along with a phone was taken by the accused persons. She further submits that the applicant and others have tried to snatch golden ring from the finger of the victim. Even one similar nature of offence is registered against the applicant. The learned A.P.P. further submits that so far as case of Ankush is concerned, he was not having any criminal antecedents, however, there are criminal antecedents against the applicant, and therefore, prayed for rejection of bail. 7.
Upon considering the rival contentions of the parties, and after going through the investigation papers, admittedly it appears that in the CCTV footage the present applicant is seen holding sword. It further appears that on the point of sword, he has tried to snatch the golden ring. It can be further gathered that there is sufficient material against the applicant in the charge sheet. However, this Court has granted bail to co-accused Ankush, who was also holding the sword and from whom sword was recovered. Similarly, even in the present case, another sword was recovered at the instance of the applicant. Prima facie it appears that the role played by the Ankush and the present applicant stand on the same footing, and therefore, as the investigation is complete and charge sheet is filed, I am inclined to grant bail to the applicant. Hence, the following order.
ORDER
(i) Criminal Application is allowed and disposed of. (ii) The applicant /accused Pawan Manikrao Raut be released on regular bail in connection with Crime No.794/2024 registered with Yavatmal Police Station for the offence punishable under Sections 109, 309[6], 333, 352, 351[2], 3[5] of the Bhartiya Nyaya Sanhita, 2023 on his furnishing P.R. Bond of Rs.25,000/- with one surety in the like amount.
(iii) The accused shall not enter within the territorial jurisdiction where the informant is residing, till the completion of the trial.
(iv) 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.
(v) 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.
(vi) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for two consecutive dates, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail.
(vii) In case the applicant commits similar type of
offence in future, the prosecution would be at liberty to move application before this Court for cancellation of his bail.
(viii) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial.
(ix) Misc. Applications, if any, are also disposed of. JUDGE Signed by: R.G. Dhuriya (RGD) Designation: PS To Honourable Judge Date: 23/01/2026 14:49:46