Uday Rameshwar Waghmare v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4031 OF 2024 Uday Rameshwar Waghmare ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Mr. Aniket Vagal a/w Ms. Savvy Kolhekar, Advocate for the Applicant.
Ms. Anamika Malhotra, A.P.P. for the Respondent - State. ....
CORAM
:
N. R. BORKAR, J.
DATE : 05th MAY, 2025.
P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No.198 of 2021 registered at Mumbai Naka Police Station, District : Nashik, for the offences punishable under Sections 302, 120-B, 279, 337, 338, 304, 417, 419, 420, 465, 471 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC') and Sections 184 and 134/187 of the Motor Vehicle Act. 3.
The applicant is Accused No.7 in the present crime. The deceased was working as a driver. On 02.09.2021 the deceased was found lying dead near Indira Nagar on the roadside and thus initially accidental death was registered. During the course of investigation, it was found that the
applicant and co-accused had taken multiple insurance policies worth Rs.4 Crore from the different Insurance Companies in the name of the deceased. Thereafter they conspired to commit his murder to avail the benefits of his insurance policies. It is alleged that on the date of incident they assaulted the deceased with an iron rod and then ran over the vehicle to show that it was accidental death. It is alleged that, then, on the basis of forged documents insurance benefit of Rs.4,07,00,926/- was availed.
4.
I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.
5.
The learned counsel for the applicant submits that the applicant has nothing to do with the alleged crime. It is submitted that except the statement of the co-accused, there is no other incriminating material against the applicant to connect him with the alleged crime. It is submitted that the applicant is in jail for about two years and there are no other criminal antecedents.
6.
On the other hand, the learned A.P.P. for the Respondent-State submits that considering the nature of crime, the applicant may not be released on bail. 7.
I have perused the charge-sheet. Prima-facie the applicant doesn't appear to be beneficiary of the insurance amount. The applicant is in jail for two years and there are no other criminal antecedents. Considering the said facts, I am inclined to release the applicant on bail.
ORDER
(i) Criminal Bail Application is allowed;
(ii) The applicant is directed to be released on bail in connection with Crime No.198 of 2021 registered at Mumbai Naka Police Station, District : Nashik, for the offences punishable under Sections 302, 120-B, 279, 337, 338, 304, 417, 419, 420, 465, 471 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC') and Sections 184 and 134/187 of the Motor Vehicle Act on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount; (iii) The applicant shall attend the concerned Police Station once in a month i.e. on first Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial; (iv) Application stands disposed of accordingly.
(N. R. BORKAR, J.)