Anil Rameshwar Wagh And Another v. The State Of Maharashtra And Another

2026:BHC-AUG:20727 {1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 260 OF 2026 Anil Rameshwar Wagh And Another ....Applicant

VERSUS

The State Of Maharashtra And Another .....Respondent .....

Advocate for Applicant : Mr. Raje Vikrant P.

APP for Respondents: Mr. P.D. Patil.

CORAM : MEHROZ K. PATHAN, J.

DATE : 4th MAY, 2026.

P.C. :- 1.

The applicant has approached this Court seeking anticipatory bail in connection with Crime No.594 of 2025, registered with Shirpur City Police Station, District Dhule, for the offences punishable under Sections 109, 46, 130, 131, 333, 115-2, 352, 351-2 r/w. 3-5 of the Bhartiya Nyaya Sanhita.

2.

The case of the prosecution is that, Deceased Pravin was the brother of informant Ravindra. The co-accused Sham and deceased Pravin were friends. The applicants/accused are the family members of co-accused Sham. The applicants/accused Anil and Rameshwar used to threaten deceased Pravin to not to stay with their brother/co-accused. On 01.05.2025 at 08.00 p.m. at Lauki bus stand, applicants/accused severely beat deceased Pravin by the fist blows and kicks and told him not to stay with the co-accused Sham. Thereafter, on the same day at 09.30 p.m., the applicants/accused came at the house of deceased Pravin and abused and beat him. Thereafter, applicants/accused filed the false complaint at the

{2} police station against deceased Pravin. Deceased Pravin felt that due to the criminal case, he will be defamed in the society. Hence, on 06.05.2025 at 10.00 a.m., Pravin committed suicide by hanging in the toilet of his house. The police registered the A.D.Case No.36/2025. However, the police did not make proper inquiry about the said case. The police also refused to take the report of informant Ravindra. Hence, he filed the complaint in the court of the learned J.M.F.C., Shirpur, who in turn directed the police to register the F.I.R. and to conduct the investigation. Accordingly, the crime is registered against the applicants/accused and co-accused.

3.

Mr. Raje, the learned counsel for the applicants submits that the applicants are falsely implicated in the present crime of having abetted and instigated the commission of suicide of the deceased - Pravin Wagh, the brother of the complainant.

3.

The FIR is filed on the basis of orders passed by the learned Magistrate under Section 156(3) of Cr.P.C. directing to register the FIR after a period of two and half months from the date on which the deceased Pravin had committed suicide. The other co-accused Asha and Manisha were already released by the learned Sessions Judge, vide order dated 29.1.2026, while rejecting the bail application of the present applicants. The other co-accused Shyam Wagh is already released on anticipatory by the same Sessions Judge, vide order dated 23.1.2026 passed in Criminal Bail Application No. 52 of 2026. The applicants are not having any criminal antecedents and are ready to abide by any conditions that may be imposed by this Court. The applicants stand on the same footing as that of the other co-accused who have been released in anticipatory bail. Hence, the applicants may be protected applying the principles of parity.

{3} 4.

As against this, the learned APP strongly opposes the application on the ground that the applicants are involved in a serious offence of abetment of suicide by deceased Pravin Wagh. There are direct allegations implicating the role of the present applicants Anil and Rameshwar, who are directly implicated in the FIR of having abetted the commission of suicide by Pravin. There was an incident which happened on 1.5.2025, after which there was an attempt on the part of applicants to register an offence on 5.5.2025. The deceased came to know about registration of FIR against him and, therefore, committed suicide, after he was harassed by the applicants. The offence of abetment of suicide is serious in nature and punishable with imprisonment for ten years. As such, this is not a fit case for grant of anticipatory bail. Hence, the application may be rejected.

5.

I have gone through the investigation papers made available by the learned APP. The investigation papers reveal that the entire investigation is already complete. The relevant statements of witnesses have already been recorded by the Investigating Officer. The necessary documents are also obtained alongwith CDR of accused persons. The other co-accused Shyam against whom there are identical allegations, has already been released on anticipatory bail by the learned Sessions Judge, vide order dated 23.1.2026. The learned Sessions Judge, while rejecting the application of the applicants vide order dated 29.1.2026 has already released other two co-accused Asha and Manisha, on anticipatory bail. The FIR is an outcome of the directions issued of 2 and half years after the date of commission of suicide by deceased Pravin.

The custodial interrogation of the applicants, therefore, would not be necessary. Since the applicants are not having any criminal antecedents and are ready to abide by any conditions that may be imposed by this Court, I am inclined to protect the applicants.

{4}

O R D E R

[I] In the event of arrest of the applicants, in connection with Crime No.594 of 2025, registered with Shirpur City Police Station, District Dhule, for the offences punishable under Sections 109, 46, 130, 131, 333, 115-2, 352, 351-2 r/w. 3-5 of the Bhartiya Nyaya Sanhita the applicants Anil Rameshwar Wagh and Rameshwar Pitambar Wagh, be released on bail on furnishing PR Bond in the sum of Rs. 50,000/-, each with one or more sureties in the like amount, on the following conditions :- [i] The applicants shall attend the concerned police station and report to the Investigating Officer on 7th, 8th, 14th, 15th of May, 2026 and thereafter, on every Saturday and Sunday till filing of charge sheet and shall cooperate with the investigation.

[ii] The applicants shall not tamper with the prosecution evidence.

[iii] The applicants shall submit their Aadhar and Pan card to the Investigating Officer alongwith mobile numbers and addresses of two of their near relatives.

[iv] The application is disposed of.

[MEHROZ K. PATHAN] JUDGE.

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