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Bombay High CourtBA/605/2026disposed off

Babasaheb @Mama Walmik Rajwade v. State Of Maharashtra

2026-03-24Hon'Ble Shri Justice Shivkumar Dige5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 388 OF 2026 VAISHALI ANIL Ajay Dilip Bagul ...Applicant

VERSUS

The State Of Maharashtra & Anr.

...Respondents

_________________________________________________________________ by VAISHALI ANIL TIKAM Date:

2026.03.30 14:17:09 +0530 Mr. Niranjan Mundargi i/by Kunal Ambulkar, Advocate for Applicant. Mr. S.S. Pednekar, APP for Respondent-State.

Mr. Shrirang Katneshwarkar a/w. Yatish Desale, Advocate for Respondent No.2.

PSI S.K. Sangale, Crime Branch, Nashik present. _________________________________________________________________ WITH BAIL APPLICATION NO. 472 OF 2026 (Serial No. 64) Amol Bhaskar Patil ...Applicant

VERSUS

The State Of Maharashtra & Anr.

...Respondents

_________________________________________________________________ Mr. Raui Asabe i.by Akshay Bankapur, Advocate for Applicant. Mr. S.S. Pednekar, APP for Respondent-State.

Mr. Shrirang Katneshwarkar a/w. Mr. Yatish Desale, Advocate for Respondent No.2.

PSI S.K. Sangale, Crime Branch, Nashik.

_________________________________________________________________ WITH BAIL APPLICATION NO. 605 OF 2026 (Serial No.78) Babasaheb @ Mama Walmik Rajwade ...Applicant

VERSUS

State of Maharashtra & Anr.

...Respondents

_________________________________________________________________

Mr. Ashok Mundargi i/by Mr. Satyajeet Dighe, Advocate for Applicant. Mr.S.R. Agarkar, APP for Respondent-State.

Mr. Shrirang Katneshwarkar a/w. Yatish Desale, Advocate for Respondent No.2.

PSI S.K. Sangale, Crime Branch, Unit -1, Nashik City present. _________________________________________________________________ WITH BAIL APPLICATION NO. 689 OF 2026 (Serial No.81) Deepak @ Pappu Rajendra Jadhav ...Applicant

VERSUS

State Of Maharashtra & Anr.

...Respondents

_________________________________________________________________ Mr. Sachin Kadam, Advocate for Applicant.

Mr.S.S. Pednekar, APP for Respondent-State.

Mr. Shrirang Katneshwarkar a/w.Yatish Desale, Advocate for Respondent No.2.

PSI S.K. Sangle, Crime Branch, Nashik present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 24th MARCH, 2026.

P.C. :

1.

Heard learned counsel for the Applicants, learned APP for the State and learned counsel for Respondent No.2. 2.

The Applicants in all these applications are accused in same crime. Hence, I am deciding these applications by this common order. 3.

The Applicants are seeking regular bail in Crime No. I275/2025, registered with Sarkarwada Police Station, Nashik City, Nashik for the offences punishable under Sections 109, 118(2), 140, 190, 191(3),

351(2), 352 of Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS), Sections 3,25 of Arms Act and Section 135 of the Maharashtra Police Act. 4.

It is prosecution's case that on 29/09/2025, the Applicants and co-accused assaulted the first informant and his friends with an iron rod and fired at them with intention to kill them. 5.

It is contention of learned counsel for the Applicants that the co-accused, having similar allegations, has been released on bail. The first informant has no objection to allow the bail applications of the applicants. The allegations against the Applicant Ajay Dilip Bagul are that the co-accused Ajay Borisa handed over him pistol after the firing at the first informant. Except that there are no allegations against the ApplicantAjay Bagul. The allegations against the Applicant -Amol Bhaskar Patil are that he assaulted the first informant and injured with fist and kick blows. There are no allegations that he assaulted the first informant with sharp weapon.

There are no specific allegations against the ApplicantBabasaheb @ Mama Walmik Rajwade that he assaulted first informant and injured.

There are no specific allegations against the Applicant - Deepak @ Pappu Rajendra Jadhav the he assaulted the first informant or injured.

The Applicants are behind bars for more than five months. Investigation is completed and charge-sheet has been filed and requested to allow the applications.

7.

It is contention of learned APP that Applicants and co-accused assaulted the first informant and his friends with sharp weapon and fired at him with intention to kill them. The entire incident is captured In CCTV footage. The presence of applicants have been noted. The pistol used in crime, is recovered at the instance of Applicant- Ajay Bagul.If Applicants are released on bail, they may threaten the first informant and prosecution witnesses and requested to reject the applications. 8.

It is contention of learned counsel for first informant that the first informant has no objection to allow the bail application of the applicants. Learned counsel submits that first informant is present in the court and on instructions, he seeks leave to file vakalatnama. Leave granted.

9.

I have heard all learned counsel, perused charge-sheet and documents produced on record.

10.

The CCTV footage of the incident produced on record. From the CCTV footage it appears that all the applicants except Amol Patil did not participate in the assault to the first informant. The allegations against Amol Patil are assaulting the first informant and injured with fist and kick

blows. The main allegations are against the co-accused, who are behind bars. Applicants are behind bars more than 5 months. Investigation is completed and charge-sheet has been filed. It may take time to conclude the trial.

11.

Considering these facts, I pass following order: (i) Applicants viz. Ajay Dilip Bagul in Bail Application No. 388 of 2026, Amol Bhaskar Patil in Bail Application No.472 of 2026, Babasaheb @ Mama Walmik Rajwadi in Bail Application No. 605 of 2026 and Deepak @ Pappu Rajendra Jadhav in Bail Application No. 689 of 2026 be released on bail Crime No. I-275/2025, registered with Sarkarwada Police Station, Nashik City, Nashik, on furnishing PR bond of Rs.25,000/- each with one or two solvent sureties 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 called and cooperate with the investigating officer. (v) Bail Applications are allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)