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Bombay High CourtBA/595/2026disposed off

Omkar Balu Waghmare v. State Of Maharashtra

2026-04-16Hon'Ble Shri Justice Shivkumar Dige4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 601 OF 2026 VAISHALI ANIL TIKAM Bapu Prabhu Madane ...Applicant

VERSUS

The State Of Maharashtra

...Respondent

Digitally signed by VAISHALI ANIL TIKAM Date:

2026.04.21 14:41:46 +0530 _________________________________________________________________ Mr. Adwait Bhonde i/by Shrinath Mate, Advocate for Applicant. Mr.S.R. Agarkar, APP for Respondent-State.

HC (Batch No. 5903) Nilesh Suresh Jadhav, Crime Branch, Pune City is present.

_________________________________________________________________ CRIMINAL BAIL APPLICATION NO. 595 OF 2026 Omkar Balu Waghmare ...Applicant

VERSUS

State Of Maharashtra

...Respondent

_________________________________________________________________ Mr. Aniket Nikam a/w. Sumit Patil a/w. Abhilasha Pawar, Advocate for Applicant.

Mr. S.R. Agarkar, APP for Respondent-State.

_________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 16th APRIL, 2026.

P.C. :

1.

Both these applications are preferred in the same crime. Hence, I am deciding it by this common order.

2.

Heard learned counsel for the Applicants in respective applications and learned APP for the State.

3.

By these applications, the applicants are seeking regular bail in Crime No. 146 of 2025 registered with Ambegaon Police Station, Dist. Pune for the offences punishable under Sections 8(C), 20 (b)(ii)(c) and 29 of The Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS Act').

4.

It is prosecution's case that police apprehended accused Nos. 1 and 2 and in their possession, police found 21 kgs 978 grams Ganja. It is alleged that the said Ganja was provided to accused No.3 by ApplicantOmkar Waghmare and the Applicant- Omkar was taken the said Ganja from Applicant- Bapu Madane.

5.

It is contention of learned counsel for the Applicants that nothing is found in the possession of the Applicants. Applicants' name are involved in the present crime on the basis of statements of co-accused. Applicants are behind bars for more than 9 months. It may take time to conclude the trial and requested to allow the application. 6.

It is contention of learned APP that the applicant- Madane has similar antecedents under the NDPS Act. There are call records showing contact of the Applicants and co-accused. If Applicants released on bail, they may abscond or threaten prosecution witnesses. Section 29 of NDPS

Act will apply against the Applicants and requested to rejected the application.

7.

I have heard all the learned counsel. Perused charge-sheet and documents produced on record. Nothing is found from the possession of the Applicants. To show involvement of the applicants in the crime, evidence is required. Applicants are behind bars for more than 9 months. Investigation is completed and charge-sheet has been filed. 8.

Considering these fact, I pass following order:

ORDER

(i) The Applicants- Bapu Prabhu Madane and Omkar Balu Waghmare be released on bail inCrime No. 146 of 2025 registered with Ambegaon Police Station, Dist. Pune, on furnishing PR bond of Rs.25,000/- each with one or two solvent sureties to each in the like amount. (ii) The Applicants shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order. (iv) The Applicants shall attend the concerned Police Station as and when required.

(v) Applications are allowed in the aforesaid terms.

(SHIVKUMAR DIGE, J.)