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Bombay High CourtBA/369/2026allowed

Aakash Raviprasad Dikshit v. State Of Maharashtra Thr Pso., Umarkhed Yavatmal

2026-04-02Hon'Ble Shri Justice M. M. Nerlikar4 pages

1 37.ba.369.2026.2026

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.369 OF 2026 Aakash Raviprasad Dikshit ..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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri J.D. Bastian, Advocate for the applicant. Ms P.C. Bawankule, APP for the State.

CORAM: M.M. NERLIKAR, J.

DATE :

02.04.2026.

Heard.

2.

By way of this application, the applicant is seeking bail in connection with Crime No.444 of 2025 registered with Umarkhed Police Station, District Yavatmal for the offence punishable under Sections 109(1), 189(2), 189(4), 191(2), 191(3), 190 of the Bharatiya Nyaya Sanhita (BNS) 2023, Section 135 of the Maharashtra Police Act and Sections 4 and 25 of the Indian Arms Act.

3.

In sum and substance, it is the case of the applicant that there was a free fight between two groups and in that several persons were injured and one Shaikh Akbar Shaikh Azhar died due to the assault made by the present's informant's party. The present FIR is filed as a counter blast arising out of the said incident. 4.

Learned Counsel for the applicant submits that prima facie there is an inordinate delay in lodging the FIR. Absolutely, there are no allegations of assault against the applicant, though his name appears in the

2 37.ba.369.2026.2026 FIR along with other accused persons however no role is attributed to the applicant regarding the assault. Also, the main assailant namely Mujahid Ali Javed Ali has been released on bail by this Court vide order dated 21.01.2026 and therefore, considering the role played by the present applicant in the entire episode as well on the ground of parity, the applicant is prayed to be enlarged on bail.

5.

On the other hand, learned APP vehemently opposes the application on the ground that the applicant is a history sheeter and previously 10 serious crimes are registered against him under various Sections including Sections 307, 324 of the IPC, etc.. And therefore, considering all these factors, he may not be released on bail.

6.

I have considered the rival submissions and perused the record. It appears that this Court has released main assailant namely Mujahid Ali Javed Ali on bail vide order dated 21.01.2026, who has played more serious role than the present applicant in the entire episode. In the FIR only the name of the applicant is mentioned however no role of assault is attributed to the applicant and his name is taken at serial number 9 stating that all accused were having swords and wooden log in their hand. Therefore, considering the nature of allegations and the observations of this Court in the order dated 21.01.2026 passed in Criminal Application No.1297 of 2025, and the fact that the investigation is complete, charge-sheet is filed and that the applicant is behind bars since 07.12.2025, I am inclined to enlarge

3 37.ba.369.2026.2026 the applicant on bail on certain terms and conditions. Hence the following order :

(a) The application is allowed.

(b) The applicant Aakash Raviprasad Dikshit in connection with Crime No.444 of 2025 registered with Umarkhed Police Station, District Yavatmal be released on bail on furnishing P.R. bond of Rs.50,000/- with one surety 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.

(d) The applicant shall not enter into the vicinity of Tajpura Ward, Taluka Umarkhed, District Yavatmal.

(e) The applicant 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.

(f) The applicant shall not commit any similar type of offence.

(g) 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.

4 37.ba.369.2026.2026 7.

The observations 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 stands disposed of accordingly.

(M.M. NERLIKAR , J.

) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 06/04/2026 12:22:38