Mahesh S/O Kedarmal Sharma v. State Of Maharashtra Thr Pso., Ps City Kotwali, Akola

34 aba49.26..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.49 OF 2026 Mahesh S/o Kedarmal Sharma Vs. State of Maharashtra ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri N.R. Tekade, Advocate for applicant Shri Nitin S. Autkar, APP for non-applicant/State. CORAM : M.W. CHANDWANI, J.

DATE : 23.01.2026.

1.

The applicant is apprehending his arrest in connection with Crime No.0003/2026 registered with Police Station, City Kotwali, Akola for the offences punishable under Sections 74, 75 (2), 118(2), 351(2), 351 (3) and 296 of the Bhartiya Nyaya Sanhita, 2023.

2.

The contention of the applicant is that the informant is the sister-in-law of the applicant and a civil dispute is going on between them. An application for injunction filed by the informant came to be rejected and therefore, on false allegations the aforesaid offence came to be registered. 3.

Issue notice to the non-applicant, returnable on 09.02.2026.

4.

Shri Nitin Autkar, learned APP waives service of notice on behalf of non-applicant and prays for time to file reply.

5.

It appears that the dispute reached the police station, wherein the police officer of Khadan Police Station, Akola issued a notice under Section 168 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the informant directing her not to

34 aba49.26..odt enter the house and shop of the applicant. But inspite of this, on the day of incident i.e. on 05.01.2026, the informant came in the shop of the applicant where an altercation took place between them. It appears from the FIR that she was manhandled and abused in filthy language by the applicant. 6.

Considering the submissions, more particularly the fact that a civil dispute is going on between the applicant and the informant, a detailed scrutiny of the case diary is necessary. In the meanwhile, the applicant can be protected by ad interim order. Hence, the following order:

ORDER

(i) Pending the application, in the event of arrest, the applicant - Mahesh S/o Kedarmal Sharma in connection with Crime No.0003/2026 registered with Police Station, City Kotwali, Akola for the offences punishable under Sections 74, 75 (2), 118(2), 351(2), 351 (3) and 296 of the Bhartiya Nyaya Sanhita, 2023, he be released on bail on executing a PR bond of Rs.25,000/- with one solvent surety in the like amount.

(ii) The applicant shall attend the concerned Police Station on 29th January 2026 and 5th February 2026 between 10.00 am to 02.00 pm and cooperate with the investigating authority.

(iii) The applicant shall not tamper with the prosecution evidence and shall not not threatened the prosecution witnesses.

(M.W. CHANDWANI, J.) Wagh