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Bombay High Court
Devanand @ Dev Gajanan Gawai vs State Of Maharashtra Thr Pso, Ps ... on 30 January, 2026
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (BA) NO.1386/2025
(Dewanand @ Dev Gajanan Gawai Vs. State of Maharashtra)
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. Mohd. Amim Mohd. Salim, Advocate for applicant.
Mr. Mayuri Deshmukh, APP for non-applicant/State.
CORAM: M. M. NERLIKAR, J.
DATED : 30/01/2026.
Heard.
2. By the present application, the applicant is seeking
bail in connection with Crime No.232/2025 registered with
Police Station Anjangaon Surji, Dist. Amravati for the
offence punishable under Sections 109(1), 115(2), 118(2),
103(1), 189(2), 189(4), 190, 191(2), 191(3) of the
Bhartiya Nyaya Sanhita, 2023.
3. The first information report was lodged by the
mother of the deceased alleging that there was a dispute
regarding right to way between the informant's family with
the present applicant and his brother. On 16.04.2025,
around 08.30 p.m, the informant's son went to his friend's
house and he came back shouting that he has been
stabbed. When inquired about who has stabbed him, he
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said that Bharat Gawai and Dev Gawai have stabbed him
on abdomen and hands. Based on the aforesaid
allegations, FIR was came to be registered.
4. The learned counsel for the applicant submits that
there is no overt act on behalf of the applicant so far as the
alleged incident of murder is concerned. FIR discloses that
initially the deceased Kapil has disclosed that Bharat Kailas
Gawai and Deva Gajanan Gawai have assaulted him with
the help of knife on abdomen and hands. Accordingly, the
FIR was registered by the mother of the deceased Kapil.
5. During investigation, several statements are
recorded, wherein it appears that the present applicant was
accompanied with Bharat and other persons. The learned
counsel for applicant submits that statement of eye
witnesses show that he has not played active role in the
entire episode. However, he was present along with the
main accused Bharat Gawai. He has invited my attention
to the statement of witnesses wherein the alleged assault
with the help of knife was attributed to Bharat and not to
the present applicant. He further submits that the other
accused who are similarly placed, has been granted bail by
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the Sessions Court. Therefore, he submits that while
deciding his bail application, the Court has considered only
the allegations in the FIR and not considered the entire
material in its true perspective wherein it was disclosed by
several witnesses that though the present applicant was
accompanying Bharat, however there is no overt act
attributed to the present applicant. The main culprit is
Bharat who has inflicted blow on the person of the
deceased which has resulted into his death, therefore, he
prayed for bail. He further submits that the applicant is in
Jail since from 18.04.2025 and there are no criminal
antecedents against the applicant and the applicant is of
just 21 years of age therefore prayed for bail.
6. On the other hand, the learned APP vehemently
opposes the application and submits that in the FIR the
name of the present applicant was disclosed by the
informant wherein it is specifically stated that deceased
has disclosed that Bharat Kailas Gawai, Devanand alias
Deva Gajanan Gawai have assaulted the deceased with the
help of a knife. He further invited my attention to the
postmortem report wherein three puncture injuries are
noticed. Out of this three puncture injuries, one injury is
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on the chest and two injuries are on the abdomen (lumbar
region). There are eye witnesses to the incident who has
unequivocally disclosed that the present applicant was part
and parcel of the incident. He has not only played active
role but also supported Bharat Gawai who is the main
culprit. He further submits that they all ran behind the
deceased and Bharat has inflicted blow on the person of
deceased. Accordingly, he submits that considering the
gravity of the offense, the present of applicant does not
deserve bail.
7. I have heard the learned counsel for the applicant
and the learned APP. It appears that the mother of the
deceased has lodged FIR on the basis of disclosure by the
deceased that Bharat and the present applicant have
inflicted blows with the help of knife on the abdomen and
hands. It further appears from the other statements who
have witnessed the incident that Bharat has inflicted blow
on the deceased and the present applicant was present
along with others during relevant time. It further appears
that there are seven injuries on the person of the deceased.
Out of seven, three injury are on vital parts of the body.
The cause of death is complication following multiple
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injury. After perusal of various statements recorded by the
Investigating Officer which are part and parcel of the
charge sheet, it shows that admittedly the applicant was
present along with others with the main culprit Bharat
Gawai, however, there is no overt act attributed to the
present applicant. It is necessary to mention at the
juncture that, the Additional Sessions Judge has already
granted bail to the other accused persons who are similarly
situated. Therefore, considering the fact that the applicant
is in Jail from 18.04.2025, so also investigation is over and
the charge sheet is filed, I am inclined to grant the bail,
hence the following order:-
ORDER
(i) Criminal application is allowed and disposed of.
(ii) The applicant/accused Devanand @ Dev
Gajanan Gawai be released on bail in connection with
Crime No.232/2025 registered with Police Station
Anjangaon Surji, Dist. Amravati for the offence punishable
under Sections 109(1), 115(2), 118(2), 103(1), 189(2),
189(4), 190, 191(2), 191(3) of the Bhartiya Nyaya Sanhita,
2023 on his furnishing P.R. Bond of Rs. 25,000/- with one
surety in the like amount.
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(iii) The accused shall not directly or indirectly make
any inducement, threat or promise to any person
acquainted with the facts of the case, as also shall not
tamper with the evidence.
(iv) The accused shall provide his residential address
and cell number to concerned Police Station and shall not
change his place of residence without prior intimation to
the concerned Investigating Officer.
(v) The applicant/accused shall attend each and every
date of trial regularly. If he fails to attend the trial for two
consecutive dates or fails to comply with the aforesaid
conditions, his default would entails the State to ask for
cancellation of bail.
( M. M. NERLIKAR, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PS To Honourable Judge
Date: 30/01/2026 19:22:19
