Abhishek Kushaji More v. The State Of Maharashtra And ANR.
2026:BHC-NAG:6366 1 15aba139.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 139 OF 2026 Dipak Shankarlal Pawar Vs State of Maharashtra Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Nihalsing B. Rathod, counsel for applicant. Mr. S.B. Bissa, APP for non-applicant/State.
CORAM: RAJNISH R. VYAS, J.
DATED : 23/04/2026 1.
Apprehending arrest, in connection with Crime No. 53 of 2026 registered with Police Station, Shegaon, District Buldhana for the offences punishable under Sections 118(1), 189(2), 190, 191(2), 191(3) and 352 of the Bharatiya Nyaya Sanhita, 2023, the applicant has approached this Court.
2.
The FIR was lodged at the instance of one Raju Ukarda Therokar. In short, it is the case of the informant Raju that he is a journalist and runs a news channel. The accused was known to the informant and had a good relationship with him for the last six months. According to the informant, there were some money transactions as the informant had given an amount of Rs.8,00,000/- for some medical treatment. The applicant had assured that he would return double amount within 15 days, but it was not done. The informant then lodged a complaint with the Akola Police station.
3.
According to the FIR, on 24/01/2026, when he
2 15aba139.2026.odt was at home, he received a telephonic call from applicant who asked him to come near Hotel Rajwada. The informant went there, where five to six persons who had covered their faces by handkerchief, assaulted the informant by means of wooden stick. Even one of the friends of the informant by name Amol Dhon was assaulted. While assault was going, those persons said that the informant can do whatever for recovery of amount. 4.
It is in this background the First Information Report came to be lodged.
5.
The learned counsel for the applicant has submitted that he was not present on the spot, and on the basis of suspicion, his name was shown in the FIR. He further contended that the applicant is 64 years old, has a heart ailment, and has cooperated with the investigating agency.
6.
Per contra, the learned APP has opposed the bail application and has contended that the injury sustained by the informant in the assault is grievous.
7.
With the help of respective counsels, I have gone through the record of the case. The FIR is clear that the informant was beaten near Rajawada Hotel, at which time the applicant was not present. Merely because there is an earlier transaction between the applicant and informant, it cannot be said that applicant had asked the unknown persons to assault the informant. Prima-facie, the story
3 15aba139.2026.odt advanced in the FIR that initially the payment was made for medical treatment and it was assured by the informant that double the amount would be paid, is not convincing. Since the applicant was not present on the spot and he has cooperated with the investigating agency, and also considering his age and heart ailment, I am inclined to pass the following order.
ORDER
a] The criminal application is allowed.
b] In the event of arrest, in connection with Crime No. 53 of 2026 registered with Police Station, Shegaon, District Buldhana for the offences punishable under Sections 118(1), 189(2), 190, 191(2), 191(3) and 352 of the Bharatiya Nyaya Sanhita, 2023, the applicant be released on bail on furnishing a P.R. Bond of Rs.50,000/-(Rupees-Fifty Thousand only) with one solvent surety in the like amount.
c] The applicant shall attend the concerned Police Station on 25th and 26th April 2026, between 10.00 a.m. to 12.00 noon d] The applicant shall cooperate with the investigating agency and shall not tamper with the prosecution evidence or influence the witnesses.
4 15aba139.2026.odt e] The applicant shall not leave India without prior permission of this Court.
(RAJNISH R. VYAS, J.) rkn