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Bombay High CourtABA/928/2025rejected

Tarachand S/O. Natthuji Khillare v. State Of Maharashtra Thr Pso., Ps Immamwada, Nagpur

2026-01-21Hon'Ble Shri Justice M. W. Chandwani3 pages

2026:BHC-NAG:1093 1 60 aba928.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION [ABA] NO. 928 OF 2025 TARACHAND S/o NATTHUJI KHILLARE

VERSUS

STATE OF MAH., THRU. P.S.O., P.S., IMAMWADA, NAGPUR ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. R. A. Biranware, Advocate for the applicant. Mr. C. A. Lokhande, A.P.P. for the non-applicant/State CORAM : M. W. CHANDWANI, J.

DATE : JANUARY 21, 2026.

1.

Heard Mr. R. A. Biranware, the learned counsel appearing for the applicant and Mr. C. A. Lokhande, learned A.P.P. appearing on behalf of the State. 2.

The applicant is apprehending his arrest in connection with Crime No. 574/2025 registered with Police Station, Imamwada, Nagpur for the offences punishable under Sections 118(1), 118(2), 324(2), 351(2), 351(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 3.

The learned counsel appearing for the applicant submitted that the applicant has not assaulted the victim by means of any weapon and the role attributed to the applicant is of slapping the complainant. According to him, the other co-accused has been granted bail and therefore, considering the role attributed to the applicant, he prayed for grant of anticipatory bail.

4.

The learned APP opposed the application on the ground that four grievous injuries have been sustained by

2 60 aba928.25.odt the complainant in the crime including fracture. It is the applicant who started quarrel and tried to dominate the informant. According to the learned APP, there are criminal antecedents against the applicant registered with various Police Stations wherein, it can be seen that he is indulged in bodily offences.

5.

Perusal of the case diary reveals that on 29.10.2025 when the complainant was present in his house, coaccused Honey Kaithwas came in front of his house and started demanding the money borrowed by the applicant from his mother. At that time, an altercation took place between them. The applicant who is the relative of coaccused Honey, started quarreling with the complainant and slapped him. Thereafter, Honey's friend assaulted the complainant by means of the iron rod and the fighter on various parts of the body. The applicant took away the mobile phone of the complainant, which is yet to be recovered.

6.

It appears that only because the applicant started assaulting the complainant, Honey and his friend got the courage to assault the complainant by means of the fighter and the iron rod. It also appears that the mobile phone has been taken away by the applicant which is yet to be seized.

7.

No doubt, the bail cannot be rejected solely on the ground of criminal antecedents but the fact remains that active involvement of the present applicant in the present crime is palpable, apart from having 20 bodily offences

3 60 aba928.25.odt registered against him. The mobile phone snatched by the applicant is yet to be recovered.

8.

Hence, no case is made out for grant of anticipatory bail. Accordingly, the application is rejected. ( M.W.Chandwani, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 22/01/2026 20:40:59