Vikas Devdas Waghmare v. The State Of Maharashtra And ANR

2026:BHC-NAG:4538

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.146 OF 2026 Sheikh Ismail Sheikh Iman Naurangabadi Vs.

State of Maharashtra, through POS, PS Washim __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri M.V. Rai, Advocate for applicant.

Shri N.S. Autkar, APP for respondent/State.

CORAM : M.W. CHANDWANI, J.

DATE : 18.03.2026.

1.

The applicant is apprehending his arrest in connection with Crime No.20/2026 registered with Police Station, Washim Rural, District Washim for the offences punishable under Sections 132, 189(2), 189(4), 191 (2), 191 (3), 121(1), 352, 351(3), 296, 74 and 79 of the Bhartiya Nyaya Sanhita, 2023.

2.

Heard the learned counsel for the applicant as well learned APP for the non-applicant/State. Perused the case diary.

3.

There are allegations that on 23.01.2026 at about 9.30 am in the Monthly Meeting, the complainant who is the Gram Vikas Adhikari of the Gram Panchayat was present. There was demand from the members as well as the villagers regarding expenditure incurred in the water supply scheme. It is alleged that at that time, the applicant was staring at

the complainant with ill-intentions and was shooting her video. It is further alleged that on an earlier occasion as well, the applicant used to stalk the complainant on the road and used to do obscene gestures. He had even threatened to kill her. It is also contended that in the said meeting, the villagers assaulted her and tore her clothes and her gold chain weighing 10 grams got lost in the incident. Therefore, on the complaint of the Gram Vikas Adhikari, the aforesaid offence came to be registered against the applicant and other co-accused.

4.

The contention is that, just because the applicant complained against the Gram Vikas Adhikari regarding misappropriation of funds in the water supply scheme and asked for details of the expenditure, he has been falsely implicated in the crime. The complainant has recorded the Gram Sabha in his mobile as a proof of the same and there is no ill intention of stalking as alleged.

5.

No doubt, it appears that the villagers manhandled the complainant in the said dated 23.01.2026. However, considering the fact that various people including the Gram Panchayat Members were present in the meeting, the story that the applicant recorded the video with ill-intentions just to outrage the modesty of the complainant prima facie, is not believable. Therefore, the possibility of exaggeration of facts by the complainant cannot be ruled out at this stage. Rather, it appears that there is a dispute

between the complainant and the applicant, who is a Member of the Gram Panchayat, with regard to demand of expenditure incurred in the water supply scheme. Whether the applicant has outraged the modesty of the complainant/ victim is a matter of trial.

6.

Considering the aspects mentioned above, no custodial interrogation of the applicant is required. 7.

So far as the anxiety of the learned APP that the mobile phone of the applicant is not yet recovered is concerned, stringent conditions can be imposed on the applicant in that regard.

8.

Considering the nature of allegations and the manner in which the act of outraging the modesty has been alleged, a case is made out for grant of anticipatory bail. Hence, the following order:

ORDER

(i) The application is allowed and disposed of.

(ii) In the event of arrest in connection with Crime No.20/2026 registered with Police Station, Washim Rural, District Washim for the offences punishable under Sections 132, 189(2), 189(4), 191 (2), 191 (3), 121(1), 352, 351(3), 296, 74 and 79 of the Bhartiya Nyaya Sanhita, 2023, the applicant - Sheikh Ismail Sheikh Iman Naurangabadi be released on bail on furnishing a PR bond of 25,000/- with ₹ one solvent surety in the like amount.

(ii) The applicant shall attend the concerned Police Station on every Friday and Tuesday for the next three weeks between 10.00 am to 12.00 noon and cooperate with the investigating authority.

(iii) The applicant shall not tamper with the prosecution evidence and shall not threaten the prosecution witnesses. (iv) So far as recovery of the mobile phone is concerned, presence of the applicant shall be treated as custody within the meaning of Section 23 of the Bharatiya Sakshya Adhiniyam, 2023.

(v) The observations made in this order are prima facie in nature for deciding the anticipatory bail application. (M.W. Chandwani, J.) Wagh