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Bombay High CourtBA/1149/2025allowed

Kunal S/O Suresh Naharkar v. State Of Maharashtra Thr Pso, Ps Midc Nagpur City Nagpur

2026-01-12Hon'Ble Shri Justice M. M. Nerlikar4 pages

2026:BHC-NAG:336

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [ BA ] NO. 1261 OF 2025.

Karan Ramesh Naharkar -VERSUSThe State of Maharashtra CRIMINAL APPLICATION [ BA ] NO. 1149 OF 2025.

Kunal Suresh Naharkar -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.

S/Shri C.R. Thakur & M.P. Suryawanshi, Advocates for Applicants.

Ms P. Bawankule, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J.

DATE : JANUARY 12, 2026.

Heard learned Counsel for the parties.

2.

The present application is filed by the applicants under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail in connection with Crime No.267/2025 registered with MIDC Police Station, District Nagpur for the offence punishable under Sections 109 and 3[5] of the Bhartiya Nyaya Sanhita, 2023. Charge sheet in the

matter is filed, and apart from aforesaid Sections, applicants are also charged with Sections 103, 189[4], 190, 191[3] of Bhartiya Nyaya Sanhita, Sections 4 and 25 of the Arms Act and Section 135 of the Maharashtra Police Act.

3.

The informant Aditya Rajesh Tiwari is brother of the injured Rohit Tiwari, has lodged a report stating that on 13.03.2025 his brother told that he is going to the house of Nilesh Kalambe, however, when he did not returned till 11 p.m., therefore, he called Rohit on phone, on which Rohit told that he is coming back in 10-15 minutes. Subsequently, at 11.30 p.m. Nilesh Kalambe informed him that his brother has been attacked by accused persons in front of his shop by knife, and he is lying there in injured condition. When the informant reached the spot of incident he took the injured to hospital. When the informant enquired with Nilesh Kalambe, in front of whose shop his brother was lying injured, he informed that his brother had taken some goods on credit from Bhandari, and in respect of payment there was a quarrel between his brother and Bhandari, and said Bhandari along with his associates attacked Rohit by means of knife. On the basis of this

information, first information was lodged, investigation was carried out and charge sheet is filed against the applicants and other co-accused.

4.

The learned Counsel appearing for applicants invited my attention to the order dated 02.09.2025 passed by this Court in the case of Akash Harish Uikey .vrs. State of Maharashtra (Criminal Application No.836/2025), whose name was later on corrected as Akash Deepak Uikey, wherein this Court has granted bail to said Akash.

5.

The present applicants are also similarly placed. The learned A.P.P. has not disputed the fact that the role played by the present applicants is similar to that of Akash. Hence, by adopting the reasons recorded in the order dated 02.09.2025 in Criminal Application No.836/2025, I am inclined to grant bail to the applicants on the ground of parity. Hence, the following order.

ORDER

(i) Criminal Applications are allowed and disposed of.

(ii) Applicants /accused (1) Karan Ramesh Naharkar and (2) Kunal Suresh Naharkar be

released on regular bail in connection with Crime No.267/2025 registered with MIDC Police Station, District Nagpur for the offence punishable under Sections 109 and 3[5] of the Bhartiya Nyaya Sanhita, 2023. Charge sheet in the matter is filed, and apart from aforesaid Sections, applicants are also charged with Sections 103, 189[4], 190, 191[3] of Bhartiya Nyaya Sanhita, Sections 4 and 25 of the Arms Act and Section 135 of the Maharashtra Police Act, on his furnishing P.R. Bond of Rs.25,000/- each with one surety in the like amount.

(iii) The accused shall not enter within the territorial jurisdiction where the injured or 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 their residential address and cell number to Police Station concerned and shall not change their place of residence without prior intimation to the Investigating Agency.

(vi) The accused shall attend each and every date of trial regularly. If they fail to attend the trial for two consecutive dates, or fail to comply with the aforesaid conditions, their default would entail the State to apply for cancellation of bail.

JUDGE Signed by: R.G. Dhuriya (RGD) Designation: PS To Honourable Judge Date: 12/01/2026 17:50:22