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Bombay High CourtABA/343/2026rejected

Pramod S/O Bhaskar Athwale v. State Of Maharashtra Thr Pso., Ps Borgaon Manju, Tq. And Dist. Akola

2026-04-30Hon'Ble Shri Justice Rajnish R. Vyas3 pages

2026:BHC-NAG:6823 1 1) ABA 343-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 343 OF 2026 PRAMOD S/O BHASKAR ATHWALE VS STATE OF MAHARASHTRA THR PSO., PS BORGAON MANJU, TQ. AND DIST. AKOLA Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri Nilesh G. Tikar, Advocate h/f. Shri K.S.Malokar, Advocate for applicant. Shri C.A.Lokhande, APP for non-applicant/State. CORAM: RAJNISH R. VYAS, J.

DATED : 30th APRIL, 2026.

Apprehending arrest, the applicant/accused no. 2 has preferred this application in connection with First Information Report No. 199/2026, dated 21/02/2026, registered with Police Station Borgaon Manju, District Akola for the offences punishable under Sections 118(2), 352, 351(2), 115(2) 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'). 2.

The informant of the crime is one Sangita Ramdas Ambhore. There are total four accused named in the FIR. It is alleged in the FIR that she has three sons by name Suraj, Akash and Shubham. On 19/02/2026, a quarrel took place between Amol Khade and Prashik Khade and the son of the informant by name Suraj Ambhore. A report of the same was lodged with the Police Station. Again on 20/02/2026 at about 09.00 o'clock in the morning, Amol Khade and Prashik Khade came in front of the house of informant and started abusing the informant and her sons. Therefore, the informant along

2 1) ABA 343-2026.odt with her sons Suraj and Akash proceeded towards the Police Station Borgaon Manju for lodging the report, but did not lodge any report. On the same day, at about 5.00 o'clock in the evening while they were returning home, near Borgaon Sonala Road, Sandeep Khade/accused no.1, applicant/accused no.2, Prashik Khade/accused no.4 and Amol Khade/accused no. 3, who were standing on the road, came and assaulted Akash Ramdas Ambohore. So far as the present applicant is concerned, it is alleged that he along with accused Sandeep Khade assaulted the son of the informant by means of iron pipe, due to which, the son of informant had sustained the injury i.e. fracture. The other son was also assaulted by co-accused, due to which, he had also sustained fracture.

The learned counsel for the applicant has also relied upon the order dated 17/03/2026 passed by the Additional Sessions Judge, Akola, granting regular bail to the applicant therein by name Sandeep and Amol and has contended that the present applicant be also released on anticipatory. The learned counsel for the applicant then contended that the victim is also discharged and the iron pipe is also recovered. In this background, the learned counsel for the applicant has prayed for grant of anticipatory bail.

3.

Per contra, the learned APP for the State has submitted that the allegations are serious and contended that observation made by the Sessions Court show that Suraj sustained fracture on left radius and Akash sustained fracture of left ulna and prayed for rejection of bail.

3 1) ABA 343-2026.odt 4.

With the assistance of the respective learned counsels, I have gone through the record of the case. In the FIR, there are specific allegations that the applicant has assaulted the son of informant by means of the iron rod, due to which, the son of informant has sustained injuries to his hand and consequently, suffered the fracture. The other co-accused who were released on bail had played altogether different role in the crime. Coaccused Sandip and Amol were released on regular bail. Since the allegations are specific, I am not inclined to grant the anticipatory bail. Hence, the Criminal Application (ABA) is rejected.

(RAJNISH R. VYAS, J.) B.T.K.

Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 04/05/2026 10:28:43