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Bombay High CourtABA/276/2026rejected

Ganesh S/O Samadhan Ujwane And ANR v. State Of Maharashtra Thr Pso., Ps Pinjar, Tq. Barshitakli, Dist. Akola

2026-04-10Hon'Ble Shri Justice Rajnish R. Vyas2 pages

1 31 aba276.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION [ABA] NO. 276 OF 2026 GANESH S/o SAMADHAN UJAWANE AND ANOTHER

VERSUS

STATE OF MAH., THRU. P.S.O., P.S., PINJAR, DIST. AKOLA ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Vishwajit S. Wankhade with Ashish S. Ingle, Advocates for the applicants.

Mr. A. M. Ghogare, A.P.P. for the non-applicant /State. CORAM : M. W. CHANDWANI, J.

DATE : APRIL 10, 2026.

1.

Heard the learned counsel appearing on behalf of the applicants.

2.

Issue notice to the non-applicant, returnable on 27.04.2026.

3.

Learned APP waives service of notice on behalf of the non-applicant/State.

4.

The applicant are apprehending arrest in connection with Crime No. 200/2026 registered with Police Station, Pinjar, Dist. Akola for the offences punishable under Sections 118(2), 189(2), 190, 191(2), 191(3), 351(2) of the Bharatiya Nyaya Sanhita, 2023.

5.

The contention is that there is no grievous injury caused to the victim/injured. The allegation against applicant no.1 is that he assaulted the victim by means of fist and kick blows. Whereas, the allegation against applicant no.2 is that he assaulted the victim on his right hand. It is further contended that at the most, an offence

2 31 aba276.26.odt under Section 118(1) of the BNS, 2023 would attract. 6.

Considering the submissions and the nature of allegations as well as the fact that the assault was not on vital parts of the body and no evidence of grievous injury to the victim is on record, a case is made out for grant of ad-interim protection to the applicants. Hence, the following Order :

i) Pending the application, in the event of arrest of applicants - (1) Ganesh S/o Samadhan Ujwane ; and (2) Mangesh S/o Chandramani Pradhan in connection with Crime No. 200/2026 registered with Police Station, Pinjar, Dist. Akola for the offences punishable under Sections 118(2), 189(2), 190, 191(2), 191(3), 351(2) of the Bharatiya Nyaya Sanhita, 2023, they be released on bail on furnishing a PR bond of Rs.25,000/- each with one solvent surety each in the like amount.

ii) The applicants shall attend the concerned police station on every Monday and Thursday between 10.00 am and 12.00 noon for a period of four weeks and shall cooperate in the investigation. iii) The applicants shall not indulge in tampering with the prosecution evidence or threaten the prosecution witnesses in any manner.

( M.W.Chandwani, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 10/04/2026 16:40:43