Girish Wamanrao Desale And Others v. The State Of Maharashtra
2026:BHC-AUG:13123
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO. 424 OF 2026 1) Girish Wamanrao Desale Age 30 years, Occ. Agriculture, R/o. Bhadne Tq. Shindkheda, Dist. Dhule.
2) Sambhaji Wamanrao Desale Age 34 years, Occ. Agriculture, R/o. Bhadne Tq. Shindkheda, Dist. Dhule.
3) Sanjay Bhagwan Desale Age 55 years, Occ. Agriculture, R/o. Bhadne Tq. Shindkheda, Dist. Dhule.
4) Kiran Sanjay Desale Age 30 years, Occ. Agriculture, R/o. Bhadne Tq. Shindkheda, Dist. Dhule.
...
Applicants
VERSUS
The State of Maharashtra ...
Respondent.
...
Advocate for Applicants : Mr. Pawar Rahul S.
Addl.P.P. for Respondent/State : Mr. A. R. Kale Advocate for Assist to Addl.PP : Mr. Siddhesh S. Ghodke
CORAM
: SHAILESH P. BRAHME, J.
DATE : 26.03.2026 PER COURT :
Heard both sides.
2.
The applicants are seeking regular bail in connection with Crime No. 18/2026, registered with Sindkheda Police Station, District Dhule for the 1/3
offences punishable under Sections 109 (1), 115 (2), 352, 351 (2), 189, 191, 3(5) of Bharatiya Nyaya Sanhita, 2023, under Section 4/25 of The Arms Act, 37(1) (c)/135 of the Maharashtra Police Act. 3.
The applicant is arrested on 27.01.2026. Charge-sheet is yet to be filed.
4.
F.I.R. shows that on 26.01.2026 after the result of election, accused no. 1 Tanaji appeared in the court yard of the informant with a sword and started abusing and threatening him. He was tried to be assaulted on head but blow landed on lower part of the body. It is alleged that applicants accompanied him. They were also abusing and beating by fist blows. It is submitted that implication is due to political rivalry. There is no serious assault. The main perpetrator is not before this Court. 5.
The learned Addl. P.P. opposes the application on the ground that there are in all six eye witnesses and statements under Section 183 of B.N.S. disclose involvement of the applicants. It is submitted that investigation is at the verge of completion and charge-sheet will be filed within short time. It is submitted that unlawful assembly is formed and therefore the acts done by the main perpetrator would be attributed to the applicants. 6.
Learned counsel Mr. Ghodke would additionally submit that applicants have created terror in the vicinity. In the social media platform indecent messages and picture are being uploaded. 7.
Though the charge-sheet is yet to be filed, I have opportunity to go through the police papers of investigation. The witnesses disclose presence of the applicants. The main perpetrator appears to be accused no. 1 Tanaji. The overt act as alleged against the applicants is not evident. The injury certificate shows only simple injury. During the course of argument, learned counsel, who is assisting learned Addl. G.P. has tendered on record a photo copies of few pictures, which show a person brandishing a sword 2/3
along with related social media messages. This act is highly deprecable. The learned counsel for the applicants, on instructions, has made solemn statement that his clients would desist from indulging in such conduct. 8.
Considering overall circumstances, I find that there is no reason to detain the applicants in jail for further period. 9.
The Bail Application is allowed.
10.
The applicants shall be released on bail in connection with Crime No. 18/2026, registered with Sindkheda Police Station, District Dhule for the offences punishable under Sections 109 (1), 115 (2), 352, 351 (2), 189, 191, 3(5) of Bharatiya Nyaya Sanhita, 2023, under Section 4/25 of The Arms Act, 37(1) (c)/135 of the Maharashtra Police Act, on following conditions:
(a) The applicants shall furnish P.R. bond of Rs. 10,000/- (Rs. Ten Thousand only) each with one solvent surety each of like amount.
(b) The applicants shall not tamper with prosecution evidence or contact with the prosecution witnesses. (c) The applicants, their relatives or any body claiming through them shall desist from indulging in uploading indecent messages and images, brandishing any weapon on social media platform.
11.
Bail application is disposed of.
( SHAILESH P. BRAHME, J.) mkd/- 3/3