IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL BAIL APPLICATION NO.1398 OF 2025 Sheikh Lal Sheikh Miya ..vs..

State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Shri Dhruv Sirpurkar, Advocate h/f Shri S.V. Sirpurkar, Advocate for the applicant.

Shri A.A. Madiwale, APP for the State.

CORAM: M.M. NERLIKAR, J.

DATE : 14.01.2026 .

Heard the learned Counsel for the applicant and the learned Additional Public Prosecutor appearing for the State.

2. By way of this application, the applicant is seeking regular bail in connection with the Crime No.221 of 2025 registered with the Kingaon Raja Police Station, District Buldhana for the offence punishable under Sections 109, 191(2), 191(3), 190, 351(2), 352 of the Bharatiya Nyaya Sanhita (BNS), 2023. The applicant was arrested on 08.09.2025.

3. The informant alleges that on 04.09.2025 at around 8.30 am, there was a quarrel which resulted into a fight between him and his family members with the applicant and his family members on the dispute relating to right of way. Allegedly the informant and his family members were assaulted by the applicant and his family members.

4. One Sheikh Rafiq Sheikh Gani has lodged the FIR on 08.09.2025 whereas the accused persons have also filed the FIR, which is first in time. It appears from the FIR in question that the present applicant has inflicted blow on the head of the informant by a wooden stick. It also appears that Sheikh Irfan Sheikh Karamat has assaulted with an iron rake (yks[kaMh nkrkGs) (which is used for agricultural purpose) on the head of the informant i.e. Sheikh Rafiq.

5. Learned Counsel for the applicant invited my attention to the injury certificate, which shows that there was only one injury on the head of the injured and the same is grievous in nature. There is also another injury on the shoulder i.e. fracture, which is also grievous. He further submits that the second injury is not appearing on the head of the injured, and therefore, it could be said that the present applicant is falsely implicated in the present case by attributing the role of inflicting blows on the head of the informant. He submits that the applicant and his family members have also registered the FIR, which is first in point of time, wherein it was alleged that the blow was given from the side of the informant, which was missed by Sheikh Irfan Sheikh Karamat, which resulted into an injury to the informant. He further submits that now investigation is complete and charge- sheet has been filed. No recovery was made at the behest of the present applicant, and therefore, there is no incriminating material against the present applicant.

6. On the other hand, the learned APP vehemently opposes the application on the ground that the applicant has played active role in the crime. He has inflicted blow on the head of the informant. He further invited my attention to various statements, wherein the presence of applicant as well as his overt act has been mentioned. He further submits that the injury certificate would demonstrates that the present applicant has given blow on the head, and therefore, the offences are serious in nature and the gravity cannot be ignored and therefore, the present application deserves to be rejected.

7. Upon hearing the learned Counsel for the applicant and the learned APP, it appears that admittedly, the applicant is in jail since 08.09.2025. It also appears from the FIR that the present applicant has given the blow on the head with a wooden stick however there is no correspondin