BA/1155/2026 of SUJAL ASHOK NIKHARE (IN JAIL) Vs THE STATE OF MAHARASHTRA THR PSO., PS GADGE NAGAR, DIST. AMRAVATI on 16 October 2026

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA]

NO. 1155 OF 2026.

Sujal Ashok Nikhare -VERSUS- The State of Maharashtra Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri S.V. Sirpurkar, Advocate for the Applicant. Ms S.S. Dhote, A.P.P. for the Non-applicant/State.

CORAM : M.M. NERLIKAR, J. DATE : OCTOBER 16, 2026.

Heard learned Counsel for the parties.

2. The applicant came to be arrested in connection with Crime No.817/2025 registered with Gadge Nagar Police Station, Amravati City, for the offences punishable under Sections 109, 352 and 3[5] of the Bharatiya Nyaya Sanhita, 2023 (BNS). Charge sheet came to be filed and Section 103[1] of BNS came to be added.

3. The first information report came to be lodged on the basis of the statement given by Akash Kadam, alleging Rgd. 2026:BHC-NAG:14002

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that on 07.10.2025 while he was returning to his home, on the way at Shobha Nagar he asked one unidentified person to give him side. Thereupon the said person started abusing the informant and also called his associates on his mobile phone, who immediately arrived there. The person who was standing on the road and speaking caught hold the informant, while the other two person who arrived on the spot, assaulted him by inflicting two blows with the help of knife. The informant fell unconscious and was taken to the hospital. Hence, the report.

4. The learned Counsel for the applicant submits that there is no material on record against the applicant to show that he has committed the alleged crime. The first information report was registered by the police official on the basis of statement of the deceased Akash Kadam. He submits that the deceased had disclosed that he was assaulted by three persons, and the description of their clothes and physique was given. Apart from this, there is no material against the applicant. It is submitted that no identification parade was conducted. The deceased succumbed to the injuries on 09.10.2025. It is his Rgd.

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submission that the star witness, who is Akshay Narwade, whose statement was recorded in order to match the identity of the persons who were present at the spot, however, he has not named the present applicant. He submits that the said witness is planted by the prosecution agency, and therefore, his statement cannot be relied upon. His statement cannot be relied for the reason that, it was recorded at a belated stage i.e. on 10.12.2025. Had it been a case that the said witness had witnessed the incident, he would have certainly disclosed the name of applicant and others. He further submits that apart from that, when his statement under Section 183 of the BNSS was recorded, he has not disclosed anything about the present applicant. On the contrary, he has only stated that he has seen three persons going on a motorcycle, wherea the deceased Akash disclosed to him that those persons have assaulted him. In Section 183 statement, neither name nor description is given by Akshay, pertaining to the applicant. In such circumstances, it is submitted that though the death is homicidal one, however, it is not clear from the material annexed along with the charge sheet that, it is applicant who has committed the Rgd.

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offence. So far as the mobile inspection report is concerned, it merely indicates the presence of applicant along with other accused persons at the spot. However, no test identification parade was conducted. In such circumstances even the video clip recorded on a mobile, purportedly capturing the incident while the persons involved were on a motorcycle, cannot be relied to establish the identity of the applicant. He therefore, prays for grant of bail.

5. On the other hand, the learned A.P.P. vehemently opposed the application and submits that the victim himself has disclosed that three persons have assaulted him with the help of knife. She further submits that Akshay has specifically taken names of the accused persons along with description of their clothes, therefore, according to her, present applicant has committed murder along with two other persons by giving blows of knife and there is nothing to disbelieve the statement of Akshay, though in his Section 183 statement, he has not disclosed in more details, but, he has stated that three persons went in front of him, who has assaulted the deceased. In such circumstances, she submits that there are serious injuries sustained by the deceased, and Rgd.

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it is applicant and two accused persons, who have committed the offence.

6. Upon consideration of submissions of both the sides, it appears that the incident had occurred on 07.10.2025. The first information report was registered on the basis of statement of the deceased. So far as the first information report is concerned, it discloses that three persons assaulted the deceased. It further appears that description of their clothes and physique was given. So far as the statement of Akshay is concerned, though he has named the three persons including the present applicant, however, in his statement under Section 183 of BNSS, he has not stated that the applicant was present on the spot. On the contrary, he has stated that the deceased informed him that three persons who arrived on a motorcycle had assaulted him. It is to be noted that neither test identification parade was conducted, nor any identity of applicant was established as to connect him with the alleged crime. So far as the mobile clip is concerned, even that would not be helpful in establishing the involvement of the present applicant. Rgd.

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The learned A.P.P. has submitted that clothes of the applicant were seized after his arrest on 09.10.2025. However, perusal of seizure panchnama shows that one full shirt and one black pant are shown to have been seized, whereas, the first information report refers to cream coloured shirt. Therefore, it is not clear from the seizure panchnama whether the same shirt which was seized, was the same which was worn by the applicant at the relevant time. Considering this ambiguity, the said seizure would not be helpful to the prosecution. The learned A.P.P. further contends that there is recovery at the behest of the applicant i.e. knife. In this regard it is to be noted that the said recovery would also not be helpful to the prosecution, since it does not contain any blood stain.

7. Considering the over all circumstances, I am of the opinion that no sufficient material has been collected by the investigating officer to establish the involvement of the , therefore, I am inclined to grant bail to the applicant. Hence, the following order. Rgd.

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ORDER

(i) Criminal Application is allowed and disposed of.

(ii) The applicant /accused Sujal Ashok Nikhare be released on regular bail in connection with Crime No.817/2025 registered with Gadge Nagar Police Station, Amravati City, for the offences punishable under Sections 103[1], 109, 352 and 3[5] of the Bharatiya Nyaya Sanhita, 2023 (BNS) on his furnishing P.R. Bond of Rs.50,000/- with two sureties 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 one single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail.

(vi) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court Rgd.

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shall not get itself influenced by said observations, during the course of trial.

(vii) Misc. Applications, if any, are also disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 19/10/2026 12:52:51