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Bombay High CourtABA/147/2026allowed

Adarsh S/O Govind Kaitwas v. State Of Maharashtra Thr Pso., Durgapur Tah. And Dist. Chandrapur

2026-03-18Hon'Ble Shri Justice M. W. Chandwani3 pages

2026:BHC-NAG:4543 1 68-aba-147-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 147 OF 2026 Adarsh S/o. Govind Kaitwas Vs.

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 ------------------------------------------------------------------------------------------------ Ms. Juhi M. Choudhary, Advocate for applicant. Shri C. A. Lokhande, APP for non-applicant/State. CORAM :- M. W. CHANDWANI, J.

DATED :- 18.03.2026 The applicant seeks anticipatory bail in connection with Crime No. 4/2026 registered with Police Station Durgapur, District Chandrapur for the offence punishable under Sections 140(3), 118(1), 351(3) r/w. 3(5) of the Bhartiya Nyaya Sanhita, 2023 (BNS). 2.

Heard the learned counsel for the applicant as well as the learned APP for the State. I have gone through the case-diary.

3.

Perusal of the case-diary reveals that the applicant along with his friends forcibly took away the informant on a motor-cycle in the forest and they assaulted him by means of fist blows as well as using a bamboo stick. Thereafter, they left the victim near a bridge. On the next day, the victim lodged the First

2 68-aba-147-26.odt Information Report and the aforesaid offence came to be registered against the applicant and other accused. 4.

The offence under Section 118(1) of the BNS is punishable with upto 3 years, whereas offence under Section 140(3) of the BNS is punishable upto 7 years. It appears that the informant used to talk to a girl and therefore, the applicant took him in the forest and beat him out of jealousy.

5.

No doubt, there are injuries on the person of the applicant, but all the injuries are simple in nature. The informant was brought back by the applicant and other accused from the forest and was left on the bridge. 6.

Considering the nature of injuries, the punishment prescribed for the alleged offence and the fact that the applicant is a teenager, a case is made out for grant of anticipatory bail to the applicant. 7.

Sofaras, the anxiety of the prosecution regarding recovery of the bomboo stick is concerned, the applicant can be put on stringent terms. Hence, this order:- i) The application is allowed.

ii) In the event of arrest, applicant- Adarsh S/o. Govind Kitwas be released on bail on furnishing a P.R. bond of Rs.25,000/- with one solvent surety in the like amount in connection with Crime No. 4/2026 registered with Police Station Durgapur, District Chandrapur for the

3 68-aba-147-26.odt offence punishable under Sections 140(3), 118(1), 351(3) r/w. 3(5) of the Bhartiya Nyaya Sanhita, 2023. iii) The applicant shall attend the concerned Police Station between 10:00 am to 12 noon on every Friday and Tuesday for the next two weeks and shall cooperate in the investigation. iv) The attendance of the applicant in the Police Station be treated as custody within the meaning of Section 23 of Bhartiya Sakshya Adhiniyam, 2023. (M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 18/03/2026 18:51:06