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Bombay High CourtBA/4811/2025disposed off

Sahil Rajendra Waghmare v. The State Of Mahrashtra D

2026-06-12Hon'Ble Shri Justice Ashwin D. Bhobe5 pages

by LAXMIKANT GOPAL CHANDAN Date:

2026.06.12 20:48:54 +0530 LAXMIKANT GOPAL CHANDAN lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.4811 OF 2025 Sahil Rajendra Waghmare : Applicant.

Versus.

The State of Maharashtra and and : Respondents.

----- Mr. Aniket Nikam i/by Adv Abhilasha Pawar for the Applicant. Ms. Shilpa Talhar, APP for the Respondent/State. ------- CORAM :

ASHWIN D. BHOBE, J.

DATED :

12 JUNE 2026 PC:- 1.

Heard Mr. Aniket Nikam, learned Advocate for the Applicant and Ms. Shilpa Talhar, learned APP for the Respondent/State. 2.

By this Application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks bail in connection with CR No. 24 of 2025, dated 25 February 2025, registered with the Uttamnagar Police Station, Dist. Pune, for offences punishable under Sections 103(2), 109, 118(1), 189, 190, 191(3), 333, 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023, under Section 4(25) of the Arms Act, and under Sections 37(1), 37(2), 37(3) of the Maharashtra Police Act.

3.

The said CR No. 24 of 2025 is registered as Sessions Case No.523 of 2025 and is pending before the Court of the Additional Sessions Court, Pune ("Sessions Court").

4.

There are six accused in the present crime. Applicant is Accused No.4.

5.

CR No.24 of 2025 was registered based on a complaint lodged by Vinod Jagat Thapa (Informant), alleging that the Accused in the present crime assaulted him and Dinesh Vishwakarma ("deceased"). As per the complaint, the deceased was assaulted with a knife by Accused No.1 (Alex Arunraj Anthony). The Applicant is alleged to have assaulted the deceased and the Informant with fists and kicks.

6.

The Applicant was arrested on 25 February 2025 and remains in jail as of date. The Bail Application (Exhibit 3) filed by the Applicant in Sessions Case No. 523 of 2025 was rejected by the Sessions Court on 09 October 2025.

7.

Mr Aniket Nikam, learned Advocate for the Applicant, submits that the Applicant was neither named in the FIR nor were any allegations in the context of the Applicant. He submits that it was on the basis of the CCTV footage wherein the Applicant is seen assaulting the deceased with fists and kicks that the Applicant was identified by the witnesses and the Applicant came to be arrayed as an Accused No. 4 in CR No.24 of 2025 and subsequently arrested. He submits that apart from the allegation that the Applicant assaulted the deceased with fists and kicks, the Applicant is not attributed with any motive. He submits that the motive alleged to be attributed in the present crime is to Accused No.5 (Prakash

Buda). He further submits that the main assailant in the crime who assaulted the deceased with a knife is Accused No.1. He submits that the Applicant does not have any criminal antecedents. He, therefore, requests for enlargement of the Applicant on bail. 8.

Ms. Shilpa Talhar, learned APP for the Respondent-State, submits that the offence which is the subject matter of the present crime is serious. The deceased succumbed to injuries inflicted by the knife. She further submits that the injuries sustained by the deceased were caused by the knife used by Accused No.1. She submits that the Applicant was present at the scene of the offence and assaulted the deceased with fists and kicks. 9.

Perused the records with the assistance of the learned Advocate for the parties.

10.

The record reveals that Accused No. 5 had certain issues with the deceased, which led to a scuffle and an assault on the Informant as well as the deceased by the Accused in the said crime. The deceased succumbed to the injuries inflicted by the knife used by Accused No. 1. Accused No. 5 hacked the stone on the Informant, resulting in injuries to the Informant. The role assigned to the Applicant is of assault by fists and kicks. 11.

Considering the role assigned to the Applicant, he being in jail for almost one year and four months and the Applicant having no criminal antecedents, the custody of the Applicant is not required pending trial in Sessions Case No.523 of 2025. 12.

Mr. Aniket Nikam, learned Advocate for the Applicant, on instructions, states that until the conclusion of the trial in Sessions

Case No. 523 of 2025, the Applicant will not enter the jurisdiction of the Uttamnagar Police Station, Dist. Pune. 13.

In view of above, this Bail Application is allowed on the following conditions.

(a) Applicant is directed to be released on bail in connection with C.R. No. 24 of 2025 registered with Uttamnagar Police Station, Dist. Pune, upon furnishing a P.R. Bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one or two sureties, each in the like amount, to the satisfaction of the Additional Sessions Judge, Pune.

(b) Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade that person from disclosing the facts to the Court or any police officer and shall not tamper with evidence. (c) Applicant shall, within three (3) days of her release from jail, provide to the Investigating Officer, Uttamnagar Police Station, Dist. Pune, his residential address with proof, the contact numbers, e-mail and must inform the Investigating Officer about the change in the same from time to time.

(d) Applicant shall deposit his passport, if any, with the Court of the Additional Sessions Judge, Pune, in Sessions Case No. 523 of 2025 within three (3) days of his release from jail.

(e) Applicant shall regularly appear before the Additional Sessions Judge, Pune in Sessions Case No.523 of 2025, unless specifically exempted.

(f) Till conclusion of trial in Sessions Case No.523 of 2025, the Applicant shall not enter the territorial jurisdiction of Uttamnagar Police Station, Dist. Pune except for appearing before the Additional Sessions Judge, Pune in Sessions Case No.523 of 2025 as and when the matter is fixed.

14.

The observations made in the present order are meant for the purpose of deciding the Bail Application and would not have any impact or effect on the trial.

15.

Criminal Bail Application No.4811 of 2025 is disposed of. (ASHWIN D. BHOBE, J.)