Ananta Vitthal Waghmare And Others v. The State Of Maharashtra

2025:BHC-AUG:12764 {1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 574 OF 2025

1. Ananta Vitthal Waghmare Age : 50 years, Occu. Agril.,

2. Akash Ananta Waghmare Age : 20 years, Occu. Agril.,

3. Sumit Sanjay Gaikwad, Age: 19 years, Occu.: Education,

4. Ashish Anandrao Gaikwad, Age : 20 years, Occu. Private Job, All R/o. Waghi, Tq. Himat Nagar, Dist. Nanded.

... Applicants

Versus

The State of Maharashtra Through Police Station Officer, Police Station Himayat Nagar, Tq. Himayat Nagar, Dist. Nanded ... Respondent .....

Mr. M.M. Parghane, Advocate for the Applicants. Mr. C.V. Bhadane, APP for Respondent-State.

.....

CORAM : ABHAY S. WAGHWASE, J.

DATED : 02 MAY 2025 PER COURT :- 1.

Instant application is for grant of regular bail on account of arrest of applicants in Crime No.53 of 2025, registered at Himayatnagar Police Station, District Nanded for offences punishable under Sections 310(2), 118(1), 115(2), 352, 351(2) of the Bharatiya Nyaya Sanhita (BNS).

{2} 2.

Pointing to the date of arrest of applicants as 10.03.2025, learned counsel submitted that they are behind the bars since then. That, occurrence is due to some previous enmity. That, there was a clash between two groups. That, there are allegations of use of stones as regards the present applicants are concerned. That, injuries suffered by the injured are simple in nature. That, no further recovery is to be made. That, now investigation is over and mere formality of filing of the chargesheet has remained. As applicants are ready to abide by all and any conditions imposed by this Court, learned counsel urges for grant of bail.

3.

Learned APP opposed on the ground that, there is a clash between two groups resulting into free fight. That, there are allegations of use of bricks pieces. That, five persons are injured. However, injuries reflected in the injury certificates are primarily simple in nature. He also apprehends misuse of liberty. 4.

Heard. Perused the papers. FIR dated 10.03.2025 is at the instance of one Nandkishor Anandrao Devsarkar. He has reported that on 09.03.2025, in the backdrop of previous quarrel on a earlier day with Aakash, informant and his mother were initially abused by Akash Waghmare, His father Ananta

{3} Waghmare, Meena Waghmare and their relatives. There are allegations of even snatching away ring. On above report, crime seems to have been registered for above offences. 5.

Police papers are placed on record. Medical papers show that injuries are simple in nature. Considering the same and that when no further recovery or discovery is shown to be made and no further purpose would be achieved by further detention, relief as prayed deserves to be granted by imposing stringent conditions. Hence, following order :

ORDER

I.

The application is allowed.

II.

Applicants be released on bail in connection with Crime No.53 of 2025, registered at Himayatnagar Police Station, District Nanded, on executing Personal Bond of Rs. 15,000/- each with one surety by each in the like amount, on the following conditions:

[a] The applicants shall not tamper prosecution evidence. [b] The applicants shall not enter the vicinity of village Waghi, Tq. Himaytnagar, District Nanded where informant and his family resides, till conclusion of trial.

[c] The applicants shall not leave the area of jurisdiction of the concerned police station till conclusion of trial.

{4} [d] The applicants shall attend the concerned police station thrice in every week i.e. on every Monday, Thursday and Saturday between 11.00 a.m. to 02.00 p.m. till framing of charge and thereafter, shall regularly attend each and every effective date before the trial court.

ABHAY S. WAGHWASE, JUDGE S P Rane