Khalil Ashraf Surve v. The State Of Maharashtra

2026:BHC-NAG:1324 1 95-aba-5-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 5 OF 2026 Samved Vilasrao Chepe Vs.

The State of Maharashtra ----------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ----------------------------------------------------------------------------------------------- Shri Mir Nagman Ali, Advocate for applicant. Shri N. R. Rode, APP for non-applicant/State. CORAM :- M. W. CHANDWANI, J.

DATED :- 27.01.2026 Heard.

2.

The applicant is seeking anticipatory bail in connection with Crime No. 1759/2025 for the offences punishable under Sections 118(2), 189(2), 190, 191(2) of the Bhartiya Nyaya Sanhita, 2023 registered with Police Station Hinganghat, Wardha.

3.

It is contended by the learned counsel for the applicant that no specific role has been assigned to the present applicant and the other co-accused in the crime has been released on regular bail. According to him, nothing is required to be seized from the applicant and therefore, no custodial interrogation of the applicant is required. Hence, he prayed for grant of anticipatory bail.

2 95-aba-5-26.odt 4.

The learned APP vehemently objected to the application on the ground that the applicant along with other co-accused assaulted the complainant mercilessly as a result of which, his lower jaw broke into two pieces. The applicant has played an active role and hence, he sought rejection of the application.

5.

Perusal of the case-dairy reveals that on 30.10.2025 at about 00:30 hours when the victim, a Home-guard, after returning from his duty was sitting outside in the layout near Pari Bunglow, the applicant along with other co-accused came there. An altercation took place between the victim and co-accused- Sangram and Ritik as a result of which, they assaulted the victim. 6.

The role assigned to the present applicant is that he was holding the stick and he along with the other co-accused assaulted the victim on his forehead, face, behind his left ear, his back and legs. The injury report reveals that the blow of stick which was given by the applicant and other co-accused was so grievous that the lower jaw of the victim broke into two pieces and the injury sustained as a consequence of this is of grievous nature.

7.

It appears that the stick which the applicant and other co-accused were holding is yet to be recovered and specific role of heinous assault by stick has been attributed to the applicant. The investigation is at a preliminary stage. Considering the nature of allegations,

3 95-aba-5-26.odt nature of injuries and the role assigned to the applicant, no case is made out for extra-ordinary relief of grant of anticipatory bail. Hence, the application is rejected. (M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 28/01/2026 15:25:17