Adarsh S/O Govind Kaitwas vs State of Maharashtra Thr Pso., Durgapur Tah. and Dist. Chandrapur — Bombay HC (2026) — LawSathi Research

Adarsh S/O Govind Kaitwas vs State of Maharashtra Thr Pso., Durgapur Tah. and Dist. Chandrapur — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, the applicant to be released on furnishing a P.R. bond of Rs. 25,000/- with one solvent surety in the like amount in connection with Crime No. 4/2026, Police Station Durgapur, District Chandrapur, subject to conditions: attendance at the concerned police station between 10:00 am and 12 noon every Friday and Tuesday for the next two weeks, cooperation in the investigation, and such attendance being treated as custody within the meaning of Section 23 of the Bhartiya Sakshya Adhiniyam, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the applicant in connection with Crime No. 4/2026, Police Station Durgapur, District Chandrapur (offences punishable under Sections 140(3), 118(1), 351(3) r/w. 3(5) BNS 2023), and if so on what terms and conditions.

Court's answer

Considering the nature of the injuries (all simple), the punishment prescribed for the alleged offences (up to 3 years under S. 118(1) BNS and up to 7 years under S. 140(3) BNS) and the fact that the applicant is a teenager, a case is made out for grant of anticipatory bail.

Ratio / Principle

From the case-diary: the applicant, along with his friends, forcibly took away the informant on a motor-cycle into the forest and assaulted him with fist blows and a bamboo stick, thereafter leaving the victim near a bridge; the FIR was lodged the next day.

Key takeaways

Apparent motive for the assault: the informant used to talk to a girl, and the applicant took him to the forest and beat him out of jealousy.ratio¶¶18
Punishment exposure: the offence under Section 118(1) BNS is punishable with imprisonment of up to 3 years, and the offence under Section 140(3) BNS up to 7 years.ratio¶¶18
The injuries recorded were assessed as simple in nature; the informant was brought back from the forest by the applicant and other accused and left on the bridge.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — TEENAGED ACCUSED; SIMPLE INJURIES; STRINGENT CONDITIONS (Bombay HC, Nagpur Bench; Criminal Application (ABA) No. 147 of 2026; M. W. Chandwani, J.; decided 18.03.2026; Neutral Citation 2026:BHC-NAG:4543). The applicant sought anticipatory bail in Crime No. 4/2026 of Police Station Durgapur, District Chandrapur, registered under Sections 140(3), 118(1), 351(3) r/w 3(5) of the Bhartiya Nyaya Sanhita, 2023. Perusal of the case-diary showed that the applicant, with friends, forcibly took the informant on a motor-cycle into a forest, assaulted him with fist blows and a bamboo stick — apparently because the informant used to talk to a girl — and left him near a bridge, the FIR following the next day. Noting that all the injuries were simple in nature, that the maximum punishment was up to 3 years (S. 118(1)) and up to 7 years (S. 140(3)), and that the applicant was a teenager, the court held that a case was made out for anticipatory bail notwithstanding the prosecution's anxiety regarding recovery of the stick. Bail was ordered on a P.R. bond of Rs. 25,000/- with one solvent surety in the like amount, on stringent conditions: attendance at the concerned police station between 10:00 am and 12 noon every Friday and Tuesday for two weeks, cooperation in investigation, and such attendance to be treated as custody within the meaning of Section 23, Bhartiya Sakshya Adhiniyam, 2023.

2026:BHC-NAG:4543

1 68-aba-147-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 147 OF 2026

Adarsh S/o. Govind Kaitwas

Vs.

State of Maharashtra

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar’s order

Ms. Juhi M. Choudhary, Advocate for applicant. Shri C. A. Lokhande, APP for non-applicant/State.

CORAM :- M. W. CHANDWANI, J.

DATED :- 18.03.2026

The applicant seeks anticipatory bail in connection with Crime No. 4/2026 registered with Police Station Durgapur, District Chandrapur for the offence punishable under Sections 140(3), 118(1), 351(3) r/w. 3(5) of the Bhartiya Nyaya Sanhita, 2023 (BNS).

Heard the learned counsel for the applicant as well as the learned APP for the State. I have gone through the case-diary.

Perusal of the case-diary reveals that the applicant along with his friends forcibly took away the informant on a motor-cycle in the forest and they assaulted him by means of fist blows as well as using a bamboo stick. Thereafter, they left the victim near a bridge. On the next day, the victim lodged the First

RR Jaiswal

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Information Report and the aforesaid offence came to be registered against the applicant and other accused.

The offence under Section 118(1) of the BNS is punishable with upto 3 years, whereas offence under Section 140(3) of the BNS is punishable upto 7 years. It appears that the informant used to talk to a girl and therefore, the applicant took him in the forest and beat him out of jealousy.

No doubt, there are injuries on the person of the applicant, but all the injuries are simple in nature. The informant was brought back by the applicant and other accused from the forest and was left on the bridge.

Considering the nature of injuries, the punishment prescribed for the alleged offence and the fact that the applicant is a teenager, a case is made out for grant of anticipatory bail to the applicant.

Sofaras, the anxiety of the prosecution regarding recovery of the bomboo stick is concerned, the applicant can be put on stringent terms. Hence, this order:-

i) The application is allowed.

ii) In the event of arrest, applicant- Adarsh S/o. Govind Kitwas be released on bail on furnishing a P.R. bond of Rs.25,000/- with one solvent surety in the like amount in connection with Crime No. 4/2026 registered with Police Station Durgapur, District Chandrapur for the

RR Jaiswal

3 68-aba-147-26.odt

offence punishable under Sections 140(3), 118(1), 351(3) r/w. 3(5) of the Bhartiya Nyaya Sanhita, 2023.

iii) The applicant shall attend the concerned Police Station between 10:00 am to 12 noon on every Friday and Tuesday for the next two weeks and shall cooperate in the investigation.

iv) The attendance of the applicant in the Police Station be treated as custody within the meaning of Section 23 of Bhartiya Sakshya Adhiniyam, 2023.

(M. W. CHANDWANI, J.)

Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge RR Jaiswal Date: 18/03/2026 18:51:06