Kashinath Gorakh Kale v. The State Of Maharashtra And Another
2026:BHC-NAG:3643 1 20.ba.190.2026
IN THE HIGH
COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.190 OF 2026 Jayram Shamrao Pawar ..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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M.N. Ali, Advocate for the applicant.
Ms P.C. Bawankule, APP for the State.
CORAM: M.M. NERLIKAR, J.
DATE :
04.03.2026.
Heard.
2.
By way of this application, the applicant is seeking bail in connection with Crime No.1567 of 2025 registered with the Avdhootwadi Police Station, District Yavatmal for the offence punishable under Sections 109(1), 351(2) and 352 of the Bharatiya Nyaya Sanhita (BNS), 2023.
3.
It is alleged by the informant/victim who is the wife of the applicant that on 01.12.2025 at about 8.30 pm, the applicant went to the house of the victim and started quarrel with her, during which he assaulted the victim with the help of knife, which resulted into a stab injury on the forearm of the victim, hence the FIR came to be lodged.
4.
The applicant is the husband of the informant/victim. There was matrimonial dispute and in a fit of anger the applicant has inflicted blow with the help of knife on the victim on her stomach, which she has evaded, resulting into a blow on her wrist (forearm). It is submitted that there was no intention on the part of
2 20.ba.190.2026 the applicant to commit the offence. The applicant is behind the bar since 02.12.2025. There are no criminal antecedents against the applicant and therefore, the applicant prayed to be enlarged on bail by putting stringent condition.
5.
On the other hand, the learned APP strongly opposed the application. She submitted that the applicant went to the victim's house with a deadly weapon namely a knife, and tried to stab her on the stomach. However, the victim stopped the blow which resulted into a stab injury on her forearm. The learned APP also drew my attention to the injury certificate, which shows that the blow was forceful and the knife entered from one side of the forearm and came out from the other side. If the applicant is released on bail then there is every possibility that applicant would again indulge in the same offence, hence, the application be rejected.
6.
I have considered the rival submissions and perused the record. It appears that there is a matrimonial dispute between the applicant and the victim. The applicant has performed the second marriage. The allegations shows that the applicant intends to stab on the stomach however, victim wife stopped the blow resulted to injury to forearm. Injury certificate supports the said fact. However, considering the nature of allegations and the fact that investigation is almost complete and further, the applicant is behind bar since 02.12.2025, no purpose would be served by keeping the applicant behind bars. Therefore, I am inclined to
3 20.ba.190.2026 enlarge the applicant on bail by imposing stringent conditions. Hence, the following order :
(a) The application is allowed.
(b) The applicant be released on bail in connection with Crime No.1567 of 2025 registered with the Awadhootwadi Police Station, District Yavatmal on furnishing P.R. bond of Rs.50,000/- with one or two sureties 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 and shall not contact to the victim in any manner.
(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 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.
7.
The observation of this Court are prima facie in nature and the Trial Court shall not be influenced by the same.
8.
All Misc. Application(s) pending, if any, shall also stands disposed of accordingly.
Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 05/03/2026 14:40:43 (M.M. NERLIKAR , J.
) Trupti