Nikhil Bhagwan Wakode v. The State Of Maharashtra
2026:BHC-AUG:19944 1 697-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO. 697 OF 2026 Nikhil Bhagwan Wakode Age : 20 years, Occu : Education, R/o. Dhoki, Tq and Dist Nanded .. Applicant
Versus
The State of Maharashtra at the instance of Shivajinagar, Nanded Police Station .. Respondent Shri Abhaysinh K. Bhosale, Advocate for the Applicant. Shri A. R. Kale, Addl.P.P. for the Respondent - State. CORAM : SHAILESH P. BRAHME, J.
DATE : 29TH APRIL, 2026.
ORDER :
Heard both sides.
2.
Leave to amend the prayer clause is granted. Amendment shall be carried out forthwith.
3.
Applicant is seeking enlargement on bail in connection with Crime No. 77/2025 registered with Shivaji Nagar Police Station, Nanded for the offences punishable U/Sec. 103(1), 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sec. 4 and 25 of the Arms Act.
2 697-2026 4.
Applicant is arrested on 27.02.2025. Chargesheet is filed on 21.05.2025. In this backdrop, this Court is considering the present application preferred post chargesheet. 5.
A complaint was lodged by father of deceased Amol that they were resident of Dhoki, Tq. and Dist. Nanded. The deceased had been to Nanded for attending the procession on 30.08.2024. He was beaten up by Navnath Bansi Wakode, Satish Bansi Wakode and co-accused Gopal Nivrutti Wakode. The informant was also tried to be assaulted. On 26.02.2025, informant received a phone call that Amol was being admitted in the hospital. On reaching hospital at Nanded, he was found to be dead having smeared with injuries and blood on neck, back, face etc. Informant was shown a CCTV footage disclosing assault by applicant and co-accused - Gopal.
6.
Learned counsel Mr. Abhaysinh Bhosle submits that there is no direct evidence or any incriminating material against the applicant. The CCTV footage was not recovered during the investigation. The applicant is said to have sustained injuries due to accident. The recovery of weapon is not at the instance of the applicant or the co-accused. Due to the previous rivalry, entire family of the applicant is implicated falsely. On the contrary, the deceased was a quarrelsome and he was being assaulted by unidentified person.
3 697-2026 7.
Per contra, learned APP submits that the plea that injuries sustained by the applicant due to accident, is false. The CCTV footage recorded in the camera installed at the shop of witness Pandharinath Kannawar would show the assault by applicant and co-accused. The spot panchanama shows recovery of daggers. There are as many as 49 injuries which is evident from the post mortem report. The statements of Pandharinath, Vikram would show involvement of the applicant. The blood smeared clothes have been seized from the applicant. 8.
Informant is not the eye witness. The CCTV footage shown by the Police disclosing assault by applicant and co-accused - Gopal is a clue by which the applicant is arraigned and thereafter, arrested. The transcript of CCTV footage is not prepared and annexed along with the chargesheet. Reliance is placed on few photographs of the CCTV footage showing assault by unidentified persons. It is difficult to make out that the victim was Amol and assailants are the applicant and the co-accused - Gopal.
9.
The daggers are recovered from the spot of the incident. The recovery is not at the instance of the applicant. The DVR is collected for the CCTV footage. In the absence of any direct material, the implication of the applicant appears to be suspicious. The seizure of the clothes showing blood stains at the instance of the applicant cannot be said to be inculpatory at this stage of the proceeding.
4 697-2026 10.
I have gone through statement of Pandharinath Kannawar. He cannot be said to be eye witness because he has not identified the accused or the victim. He is not giving narration of the assault. Similar is the case of the auto-rickshaw driver Vikram Landge. The statements would not show any involvement of the applicant. Though post mortem report indicates brutal assault and 49 injuries on the body of deceased Amol but it is very difficult to attribute those injuries to the applicant. 11.
The defence raised by the applicant that the injury sustained by him was due to accident, can be gone into during course of the trial. He is behind bars since 27.02.2025. Investigation is also over.
12.
I, therefore, pass following order.
O R D E R
A.
The bail application is allowed.
B.
Applicant - Nikhil Bhagwan Wakode shall be released on bail in respect of Crime No. 77/2025 registered with Shivaji Nagar Police Station, Nanded for the offences punishable U/Sec. 103(1), 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sec. 4 and 25 of the Arms Act on condition of furnishing P. R. bond and S. B. of Rs. 1,00,000/- (Rs. One Lakh only) with one or two solvent sureties of like amount.
5 697-2026 C.
The applicant shall not tamper with prosecution evidence or contact with the prosecution witnesses.
D.
The applicant shall cooperate in expeditious disposal of trial.
E.
The applicant shall surrender his Aadhar and Pan cards to the investigating officer.
F.
The applicant shall not enter village Dhoki, Tq. And Dist. Nanded till conclusion of the trial.
G.
The applicant shall furnish his address and mobile number to the Investigating Officer.
H.
Bail application is disposed of.
[ SHAILESH P. BRAHME J. ] arp/-