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2026:BHC-A S:44175 CNR No : HCBM010155092026 Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1486 OF 2026 Sharad Digambar Gorane .. Applicant Versus The State of Maharashtra & Anr. .. Respondents ....................

 Ms. Sana Raees Khan a/w Mr. Suraj Mulik, Advocates for Applicant  Ms. Rajeshree V. Newton, APP for State  Mr. Rameshwar Gite a/w Mr. Pravin Thorat, Advocates for Respondent No. 2 ...................

CORAM : MILIND N. JADHAV, J.

DATE : OCTOBER 28, 2026 P. C . :

1. Heard Ms. Khan, learned Advocate for Applicant; Ms. Newton, learned APP for State and Mr. Gite, learned Advocate for Respondent No. 2.

2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular Bail in connection with C.R. No. 193 of 2025 registered with Vavi Police Station, Nashik for the offences punishable under Sections 103(1), 189(2)(4), 190, 191(2) (3), 333, 324(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

3. Applicant is part of a mob of 14 persons who are clearly identified with specific roles attributed to them, and apart from these

14 persons, there are many other unknown persons also involved in lynching the victim. Applicant along with the other members of Gorane family and others numbering 18 to 20 persons in a mob, armed with axes, sickles (koyta), scythe, iron rods, wooden bamboo rods, approached and visited the house of the victim in the morning of 18.04.2025 at about 10:15 a.m. with the sole intention of lynching the victim. This is prima facie evident from the various witness statements which have been recorded and placed on record by the prosecution whereby when this entire mob approached the house of the victim, they were all shouting that they will eliminate the victim and they wanted to know where the victim was.

4. According to the Applicant, the victim was a history-sheeter and he had apparently been released from prison and he had visited his home and he was at that time sleeping in his house. Ms. Khan would submit that the victim was a history-sheeter and had several antecedents and criminal cases registered against him. She would submit that because of the past enmity and the issues which the victim had created, the Applicant along with the mob consisting of 14 members of the Gorane family were very upset and therefore, in order to seek revenge, they visited his house on learning about his presence. The first informant, who is the mother of the victim, has narrated her complaint, copy of which is appended at page 44. What is stated in the Complaint is so vivid and clear that prima facie there is no ambiguity therein nor this Court finds any ambiguity in the other witness statements which have been recorded and placed on record and which are consistent with each other.

5. Applicant before me appears to be a senior member of the Gorane family. He was the most vocal which can be seen when he also wanted not only to eliminate the victim but also instigated others to set the victim's house on fire and repeatedly gave instructions to the other members of the mob and the Gorane family members who were with him to open the gas cylinder and let through the gas so that the house could be set on fire. The Complaint is lodged by the mother stating that when she opened the safety door and confronted the mob led by the Applicant, she was told that the victim - her son was too smart and they had come to teach him a lesson of his life and without batting an eyelid thereafter, the entire mob rushed in the house and started badgering the victim with axes, iron rods, wooden rods and knife and virtually massacred him. The situation has been vividly described as being so scary and frightening that the mother of the victim was thrown out of the house and when she sought help from the neighbors and when the neighbors arrived at the spot, they were scared to intervene because of the threat given by the mob inclu