[Cites 3, Cited by 0]
Bombay High Court
Ansh S/O Deepak Kamble vs State Of Maharashtra Thr Pso., Tah. ... on 27 March, 2026
2026:BHC-NAG:4947
1 26-Cr.BA-337-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION [B.A.] NO. 337 OF 2026
Ansh S/o Deepak Kamble
-- VERSUS --
State of Maharashtra
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. A.C. Jaltare, Advocate for the Applicant.
Mr. A.G. Mate, A.P.P. for the Non-applicant/State.
CORAM : M.M. NERLIKAR, J.
DATE : MARCH 27, 2026.
Heard.
2. The present application is filed seeking
regular bail in Crime No.868/2025 for the offence
punishable under Sections 103(1), 115(2), 61(2) and
3(5) of the Bharatiya Nyaya Sanhita, 2023, (BNS),
and Sections 4 and 25 of the Arms Act, 1959,
registered with Police Station Saoner, District Nagpur
(Rural).
3. The First Information Report came to be
lodged by the informant Ram Gautam. It is alleged
that on 19/09/2025, due to a dispute arising out of
interaction with Tanu, the informant was called by
Jeetu Rawat to meet him. Earlier, Jeetu Rawat had
abused and assaulted the complainant outside the
factory around 06:00 p.m. Further, around 08:30
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p.m., when the informant along with friends,
including deceased Karansingh, went to meet Jeetu
Rawat, a quarrel took place between them. During
the altercation, Jeetu allegedly instigated his friend to
assault, pursuant to which one of the co-accused
stabbed Karansingh on chest and abdomen. The
injured was taken to the Hospital where he was
declared dead. Hence, the report was lodged against
accused persons.
4. The learned counsel for the applicant
submits that there is no overt act on the part of the
applicant. He further submits that both Jeetu and the
informant were having a love affair with the same
girl, and on account of that, the quarrel started. Both
sides brought persons to confront each other,
however, the said Jeetu asked Ankit to take out a
weapon, and accordingly, the said Ankit inflicted
blows on Karan. He submits that except these
allegations, there are no allegations against the
applicant. He has only accompanied the group of
accused No.1, and therefore, he submits that even
after considering the entire charge-sheet, no overt act
has been attributed to the applicant, and therefore,
he be released on bail.
5. On the other hand, the learned A.P.P.
vehemently opposes the application and submits that
accused No. 1, along with the said co-accused, came
3 26-Cr.BA-337-2026
to the spot prepared. They were having a knife. He
submits that the main accused, Jeetu, who is accused
No. 1, asked co-accused Ankit to take out a knife, and
accordingly, Ankit took out the knife and inflicted
blows on Karan, who is a friend of the informant.
Accordingly, he submits that the role of accused
persons cannot be separated in view of the fact that
they all came with a common intention. He submits
that though the specific role is attributed to Ankit and
Jeetu, however, as the applicant accompanied
accused No. 1, it cannot be said that he was not
having intention to commit the crime. There are
statements of eye-witnesses who testify that applicant
was present on the spot. The applicant was also
identified in the Identification Parade, and therefore,
he submits that there is ample evidence against the
applicant.
6. I have considered the rival submissions.
It is not in dispute that the deceased - Karan died due
to stab injury to the abdomen, which could be
gathered from the post-mortem report. It is further to
be noted that on 19/09/2025, initially, Jeetu, accused
No.1, went to the factory at about 06:00 p.m., where
he slapped the informant. Annoyed by this, the
informant asked him to come at the spot of incident
after one hour, and accordingly, accused No.1 - Jeetu
went to the spot of incident along with three friends.
4 26-Cr.BA-337-2026
At the spot of incident, the informant slapped accused
No.1 - Jeetu, due to which a scuffle started between
both the groups. At that time, accused No.1 Jeetu
asked Ankit to take out weapon, and accordingly, the
weapon was taken out by Ankit. Karan was holding
Ankit at the relevant time, and therefore, Ankit has
inflicted blows on Karan, due to which Karan died.
After going through the entire First Information
Report as well as the statements of witnesses, prima
facie, it appears that, the applicant has not played
any role in the entire scuffle. Even there is no overt
act on the part of the applicant. It appears that he has
only accompanied accused No.1, except this, there
are no allegations of assault on Karan by the
applicant. Under such circumstances, I am inclined to
grant bail by imposing stringent conditions. Hence,
the following order:-
ORDER
(i) The Criminal Application is
allowed;
(ii) The applicant/accused (Ansh S/o
Deepak Kamble) be released on regular bail in
connection with Crime No.868/2025 for the
offence punishable under Sections 103(1),
115(2), 61(2) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023, (BNS), and Sections 4 and 25 of
the Arms Act, 1959, registered with Police
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Station Saoner, District Nagpur (Rural), on his
furnishing a P.R. bond of Rs.25,000/- (Twenty
Five Thousand Rupees) with one solvent surety
in the like amount;
(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 Police
Station concerned and shall not change his place
of residence without prior intimation to the
Investigating Agency;
(v) The 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 entail the State to ask for cancellation of
bail or even trial Court can suo moto take
cognizance of this and cancel the bail;
(vi) Pending Misc. Application(s), if
any, also stand disposed of.
[ M.M. NERLIKAR, J ]
Piyush Mahajan
