[Cites 4, Cited by 0]
Bombay High Court
Gourav S/O Moreshwar Kuthe vs The State Of Maharashtra Thr Ps Kapil ... on 6 March, 2026
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (BA) NO. 209/2026
(Gourav S/o Moreshwar Kuteh 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. A. B. Tiwari, Advocate for applicant.
Mrs. Mayuri H. Deshmukh, APP for non-applicant/State.
CORAM: M. M. NERLIKAR, J.
DATED : 06/03/2026.
Heard.
2. By this application, the applicant is seeking bail in
connection with Crime No.731/2025 registered with Police
Station Kapil Nagar, Nagpur for the offence punishable
under Sections 191(2), 190, 189(2), 103(1) of the
Bhartiya Nyaya Sanhita 2023 read with Section 135, 37(1)
of the Bombay Police Act.
3. Brief facts of the prosecution story is that on
26/10/2025 the informant lodged the report that on
25/10/2025, the informant along with deceased Rajesh
went to picnic to Mansar. While returning, deceased was
driving his car Ford Figo which gave dash to one E-
Rikshaw at Mhada Quarter within the limit of Police
Station, Kapil Nagar and because of which there was some
hot altercation between the owner of E-Rikshaw and
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informant and his friends. The accused persons also
gathered there and started assaulting the informant and
deceased by fist blows and knife. It is alleged that some
accused chased deceased and after some time informant
noticed that deceased was lying on road and with bleeding
injury upon his neck and arms and therefore informant
took the deceased to the hospital where doctor declared
him dead, hence FIR was lodged.
4. The learned counsel for the applicant submits that
initially, when the first information report ("FIR") was
registered, there was no mention of applicant's name.
However, after recording the supplementary statement, the
name of the applicant was stated by the informant Pintu.
He further submits that there are no allegations so far as
the injuries caused on the person of the deceased by the
applicant. In the entire investigation papers, the role
attributed to the present applicant is that he is holding the
wooden log. Though one of the eyewitness stated that all
the accused persons, including the present applicant have
assaulted the deceased Rajesh Orekar with the help of
wooden log. However, there are no corresponding injuries
on the deceased. It is Honey Thakur who has inflicted
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blows with the help of knife on the neck of the deceased.
Further, accused Lucky, has given the blow with the help
of knife on the hand of the deceased and accused Kalpesh
has also given the blow on the neck of the deceased.
Therefore, he submits that so far as the present applicant is
concerned, there is no overt act. On the contrary, he
submits that he was attending the engagement ceremony
and he was merely present at the time of incident. Even
considering the role of the applicant that he was having a
wooden log, however, no one has stated that the present
applicant has assaulted with the help of wooden log and
there is no corresponding injury in the postmortem report,
therefore he submits that as the investigation is over, the
applicant may be released on bail.
5. On the other hand, the learned APP vehemently
opposes the application and submits that the role of the
applicant has been stated by the eye-witness. He has not
only actively participated in the entire episode, wherein the
deceased Rajesh died, but also chased deceased Rajesh and
thereafter assaulted him with the help of wooden log. She
further invited my attention to the postmortem report,
wherein there are as many as five injuries shown including
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cut throat injury. She further submits that so far as, the
first three injuries are concerned, those are possible by
knife. However, two injuries i.e. injury No. 4 and 5, they
are possible by wooden stick/wooden log, therefore she
submits that considering the direct evidence, the applicant
may not be granted bail.
6. I have considered the rival submissions. I have
gone through the FIR as well as the statements of
witnesses. I have also gone through the postmortem report.
It is an admitted position that Pintu who is the friend of
the deceased Rajesh, has registered the FIR. Admittedly, in
the FIR, the name of the present applicant does not appear.
However, it is stated that 8 persons have assaulted
deceased with the help of wooden stick. In the
supplementary statement, the names of accused persons
are stated and in that, the name of the present applicant is
also mentioned. In the statement recorded under section
164 of the Code of Criminal Procedure/183 of the BNSS of
one Rajni who is said to be eyewitness, in front of whose
house the incident took place, she has specifically stated
that Honey Thakur, Lucky and Kalpesh have inflicted blows
with the help of knife on the neck and hand of the
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deceased. The role attributed to the present applicant is
that he was having wooden stick/ wooden log. The
statement of other witnesses are also on the same lines.
7. It could be gathered from the present facts that
the present applicant was having wooden log. However, it
was stated that all eight persons have assaulted with the
help of wooden stick or wooden log. Had it been a case
that all persons have assaulted with the wooden log, there
may have been more injuries on the deceased. However,
there are only two injuries which can be said to be caused
by wooden stick. Therefore, considering the limited role
played by the applicant, I am inclined to grant the bail.
Hence the following order.
ORDER
(i) Criminal application is allowed and disposed of.
(ii) The applicant/accused Gourav S/o Moreshwar Kuthe
be released on bail in connection with Crime No.731/2025
registered with Police Station Kapil Nagar, Nagpur for the
offence punishable under Sections 191(2), 190, 189(2),
103(1) of the Bhartiya Nyaya Sanhita 2023 read with
Section 135, 37(1) of the Bombay Police Act. on his
furnishing P.R. Bond of Rs. 25,000/- with one surety in the
like amount.
(iii) The accused shall not directly or indirectly make any
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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 shall not reside within the
jurisdiction of Kapil Nagar, Nagpur.
(vi) 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: 06/03/2026 18:49:23
