Aryan S/O Sandesh Rathod vs State of Maharashtra Thr Pso., Lalkhed, Tah. Darwha Dist. Yavatmal

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2026:BHC-NAG:4542

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1 62-aba-130-26+2.odt

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

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CRIMINAL APPLICATION (ABA) NO. 130 OF 2026 Kamlabai W/o. Chandu Jadhav Vs. State of Maharashtra

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WITH

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CRIMINAL APPLICATION (ABA) NO. 131 OF 2026

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Prem S/o. Chandu Jadhav and another Vs. State of Maharashtra

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AND

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CRIMINAL APPLICATION (ABA) NO. 157 OF 2026 Aryan S/o. Sandesh Rathod Vs. State of Maharashtra

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

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Shri Abhishekh A. Zade, Advocate for applicant in ABA No. 130/26 & 131/26. Shri P. K. Raulkar, Advocate for applicant in ABA No. 157/26. Shri N. S. Autkar, APP for non-applicant/State.

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CORAM :- M. W. CHANDWANI, J.

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DATED :- 18.03.2026

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The applicants in all the three applications are apprehending arrest in connection with Crime No. 212/2025 registered with Police Station Ladkhed, District Yavatmal for the offences punishable under Sections 109(1), 189(2), 191(2), 191(3), 190 and 115(2) of the Bhartiya Nyaya Sanhita, 2023. Since, all the applications are arising out of the same crime hence, they are being disposed of by this common order.

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

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RR Jaiswal

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2 62-aba-130-26+2.odt

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Perusal of the case-diary reveals that a fight took place between the tenant- Chandu Devla Jadhav and his family members on one hand and the landlord/complainant- Ganesh Sheshrao Chauhan and his family members on the other. Deceased- Sheshrao Chawhan, the father of the complainant had given his agricultural field to Chandu Devla Jadhav for cultivation around 15 years ago and since then, he is cultivating the same. On 16.06.2025 at about 10:30 am, the complainant along with his mother, sisters, wife and other relatives went to the agricultural field for cultivating the land. The applicants along with other family members were present in the field. They objected to the same and on this count, a quarrel took place between the two groups.

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In the FIR lodged by complainant- Ganesh Chawhan, it has been alleged that the applicants along with their relatives, assaulted the complainant party by means of an iron rod, axe and sword whereby, the family members of the complainant sustained injuries. The role assigned to applicant- Kamlabai Jadhav is that she pulled a gold chain from the neck of his sister- Nisha Chawhan, which could not be recovered later. The role assigned to applicants- Prem Jadhav and Vinod Rathod is that they assaulted the complainant’s family member by means of axe and sword respectively whereby, they sustained injuries.

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It appears that there was a free-fight between the two groups wherein, the applicants and his family

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RR Jaiswal

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3 62-aba-130-26+2.odt

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members have also sustained injuries and a counter FIR also came to be lodged against the complainant and his family members for the offences punishable under the same Sections of the BNS.

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The applicants are the tenants of the agricultural field owned by the complainant and his family members and it is the complainant and his family members who went to the agricultural field which was being cultivated by the applicant and his family members. That apart, it appears that the complainant party also assaulted the applicant and his family members in the said free-fight. The statement of the victims do not assign any role to applicant- Aryan Rathod apart from the fact that he was merely present at the spot.

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Considering the fact that a free-fight occurred between both the parties wherein members of both the parties got injured and the fact that the complainant party went to the field which was being cultivated by the applicants to instigate them coupled with the fact that the charge-sheet has already been filed which indicates that the investigation is complete and no role has been attributed to applicant- Aryan Rathod who is a teenager, a case is made out for grant of anticipatory bail to the applicants.

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Sofaras, the anxiety of the prosecution regarding recovery of the some articles from the applicants

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RR Jaiswal

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4 62-aba-130-26+2.odt

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is concerned, the applicants can be put on stringent terms. Hence, the following order:-

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i) The applications are allowed.

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ii) The ad-interim protection granted to applicant- Kamlabai W/o. Chandu Jadhav in ABA No. 130/2026 vide order dated 17.02.2026 is hereby confirmed on the same terms and conditions.

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iii) In the event of arrest, applicants- Prem S/o. Chandu Jadhav and Vinod S/o. Baban Rathod in ABA No. 131/2026 and applicant- Aryan S/o. Sandesh Rathod in ABA No. 157/2026 be released on bail on furnishing a P.R. Bond of Rs.25,000/- each with one solvent surety each in the like amount in connection with Crime No. 212/2025 registered with Police Station Ladkhed, District Yavatmal for the offences punishable under Sections 109(1), 189(2), 191(2), 191(3), 190 and 115(2) of the Bhartiya Nyaya Sanhita, 2023.

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

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

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(M. W. CHANDWANI, J.)

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Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge RR Jaiswal Date: 18/03/2026 18:50:07

Aryan S/O Sandesh Rathod v. State of Maharashtra Thr Pso., Lalkhed, Tah. Darwha Dist. Yavatmal

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Aryan S/O Sandesh Rathod v. State of Maharashtra Thr Pso., Lalkhed, Tah. Darwha Dist. Yavatmal

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