Sahebrao Subhash Wadje v. The State Of Maharashtra

2025:BHC-AUG:25296

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

921 BAIL APPLICATION NO. 1530 OF 2025 SAHEBRAO SUBHASH WADJE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Anil M. Gaikwad. APP for Respondent/State : Mr. P. P. Dawalkar. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

18th September, 2025.

P.C.:

Heard.

This is an application for grant of regular bail in connection with Crime No.131 of 2025, registered with Kandhar Police Station, District Nanded, for the offences punishable under Sections 118(1), 118(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short "the BNS").

The informant averred in the report that on 4th May, 2025, he was proceeding towards his house by bullock cart. When he reached near to the Maruti Temple at about 07:00 pm, the applicant and and other two co-accused parked the motorcycle in front of the bullock cart. The informant told him to remove that motorcycle. At that

time, the applicant came there and said, "Have you become the leader of the village? Why you did not allow my pipeline to pass through your sugarcane field?" Then the applicant caught hold the scarf around his neck, pulled him down from the bullock cart and threw him on the road. He then assaulted the informant on his face by a knife. At that time, co-accused Subhash, who was also present at the spot, assaulted him by an axe on his my left eyebrow. Another co-accused Balaji assaulted the informant by stick. At that time, the relative of the informant namely, Sainath Wadje came there. Thereater, the applicant and other co-accused ran away. Therefore, the report was lodged. The learned counsel for the applicant submitted that one of the co-accused is released on bail by this Court. Now, charge-sheet has been filed.

The learned counsel for the applicant submitted that the applicant has roots in the society and he will not flee away from the trial. The trial will take long period. The applicant has no criminal antecedents. He will not pressurize the prosecution witnesses and tamper with the evidence. It is lastly prayed to allow the application. The learned APP for the State strongly opposed the application and submitted that the applicant is involved in the serious crime. He submitted that the applicant has criminal antecedents and he was arrested in R.C.C. No.

under Section 324 of the IPC. The learned APP further submitted that if the applicant is released on bail, he will pressurize the prosecution witnesses and tamper with the evidence. It is lastly prayed to reject the application.

Perused the charge-sheet, particularly, the report and the statements of witnesses as well as the injury certificate of the informant. One of the co-accused namely Subhash, who used an axe, is released on bail. The applicant is prosecuted for one more crime in the year 2014, but he is acquitted. The applicant has roots in the society and he will not flee away from the trial. The trial will take long period. Considering all these aspects, the application deserves to be allowed on certain conditions. Hence, the following order:-

O R D E R

I.

The application is allowed.

II.

The applicant in connection with Crime No.131 of 2025, registered with Kandhar Police Station, District Nanded, for the offences punishable under Sections 118(1), 118(2) and 3(5) of the Bharatiya Nyaya Sanhita, be released on bail on furnishing personal bond of Rs.25,000/- with surety of the like amount on following conditions:-

a) The applicant shall not pressurize the prosecution witnesses and tamper with the prosecution evidence, in any manner.

b) The applicant shall not enter into village Masalga, Taluka Kandhar, District Nanded, till the conclusion of trial.

[ SANJAY A. DESHMUKH, J. ] nga