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Bombay High Court
Rajesh Ramrao Kale vs The State Of Maharashtra Thr Pso., Ps ... on 17 March, 2026
1 25.ba.238.2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION NO.238 OF 2026
Rajesh Ramrao Kale
..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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Shri A.S. Mardikar, Senior Counsel a/b Shri R.A. Mardikar
Advocate for the applicant.
Ms T.H. Udeshi, APP for the State.
CORAM: M.M. NERLIKAR, J.
DATE : 17.03.2026.
Heard.
2. By way of this application, the applicant is
seeking bail in connection with Crime No.49 of 2026
registered with Nandura Police Station, District Buldana
for the offence punishable under Sections 109,118(1),
296, 352, 351(2), 351(3), 49 and 3(5) of the Bharatiya
Nyaya Sanhita (BNS), 2023.
3. The allegations are that there was some dispute
among the villagers over E-class land situated in village
Malegaon Gond of Nandura Taluka. The applicant and
co-accused instigated the villagers by sending message
on Whatsapp group of the village stating that if anyone
wants to plough the E-class land, they are ready to
provide their tractor. On 31.01.2026 at about 10:15 a.m.
when the informant and others went to the said land,
they found that the applicant and co-accused Wasudev
ploughing it and when they were asked by the villagers,
the applicant and co-accused abused and threatened to
kill them if anyone comes in their way. It is also alleged
2 25.ba.238.2026
that the applicant took stapling of the tractor and co-
accused took axe and tried to assault the informant and
villagers. However, informant avoided it which resulted
into the injury on his chin and therefore the report.
4. Learned Senior Counsel for the applicant
submits that the FIR is only the counter blast to the
report lodged by the wife of co-accused Wasudev against
one Amol Bathe and others. It is also submitted that the
injury caused to the informant is simple in nature
however serious offence under Section 307 was
registered against the applicant. Only on the instigation
of the villagers, the alleged incident took place. It is
submitted that though the charge-sheet is not filed
however the applicant is ready to abide by all the
conditions, which would be imposed by this Court, if the
applicant released on bail.
5. Learned Senior Counsel further submitted that
so far as the brother of the applicant Wasudeo is
concerned, he has applied for anticipatory bail before
this Court by filing an application bearing Criminal
Application No.148 of 2026, which came to be allowed
vide order dated 25.02.2026.
6. On the other hand, learned APP vehemently
opposes the application on the ground that the
investigation is going on. It is also submitted that the
applicant and his brother were cultivating E-class land at
the time of incident, which is not permissible and
therefore, villagers tried to interfere and the said incident
has taken place. Learned APP further submits that the
applicant tried to give a on the head however as the
3 25.ba.238.2026
informant avoided it the same caused injury to his chin.
Though the injury is simple in nature, however, Section
307 is attracted considering the attempt of the applicant
to hit the informant on the head.
7. I have heard the rival submissions and perused
the record. It appears that wife of co-accused (brother of
the applicant) has lodged the report against some of the
villagers to which as a counter blast present FIR has been
lodged against the applicant. There appears to be a
dispute in between the villagers and the applicant due to
which there was a scuffle on 31.01.2026. In the said
scuffle, the informant got injured, however medical
report shows that the injury is simple in nature.
Considering the nature of allegation and since the
applicant is in jail from 31.01.2026, I am inclined to
enlarge the applicant on bail. Hence the following order :
(a) The application is allowed.
(b) The applicant Rajesh Ramrao Kale in
connection with Crime No.49 of 2026
registered with Nandura Police Station, District
Buldana be released on bail on furnishing P.R.
bond of Rs.50,000/- with one or two sureties
in the like amount.
(c) The applicant 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.
(d) The accused shall provide his residential
4 25.ba.238.2026
address and cell number to Police Station
concerned and shall not change his place of
residence without prior intimation to the
Investigating Agency.
(e) The applicant shall not enter within the
territorial jurisdiction of Malegaon-Gond, Tq.
Nandura, District Buldana till the filing of the
charge-sheet.
(f) The applicant shall not commit any similar
type of offence.
(g) The accused shall attend the concerned Police
Station once in a week between 10:00 a.m. to
2:00 p.m. If he fails to comply with the
aforesaid conditions, his default would entail
the State to ask for cancellation of bail.
8. The observations are prima facie in nature and
the Trial Court shall not be influenced by the same .
9. All Misc. application(s), pending if any, shall
stands disposed of accordingly.
(M.M. NERLIKAR, J.)
Trupti
Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 17/03/2026 18:46:22
