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2026 DAILYLAW 1268 (BOM)

NILESH VITTHAL WAHULE AND ANOTHER v. THE STATE OF MAHARASHTRA AND ANOTHER

BA/904/2026 · 2026-06-17

Shri Siddheshwar Sundarrao Thombre

body2026

Judgment text

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Dilwale 1 949-BA-904-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 949 BAIL APPLICATION NO. 904 OF 2026 Nilesh Vitthal Wahule And Another VERSUS The State Of Maharashtra And Another ... Advocate for Applicants : Mr. Salunke Sudarshan J APP for Respondent-State: Mr. S. D. Ghayal ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 17.06.2026 PER COURT : 1. Heard learned counsel for the applicants and learned APP for the respondent – State. 2. The applicants seek release on bail in connection with Crime No. 0062 of 2026 registered with Pachod Police Station, District Chhatrapati Sambhajinagar, for the offences punishable under Sections 109, 118(2), 115(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution’s case is that the applicant no.1 assaulted the informant on head and neck by means of an axe whereas the applicant no.1 assaulted the father of informant by means of spade thereby causing him fracture. The said incident occurred out of small quarrel which took place between informant and present applicants over disposing woods in the vicinity of house of applicants. 4. Mr. Salunke, the learned counsel for the applicants submits that 2026:BHC-AUG:23803 Dilwale 2 949-BA-904-26.odt there are cross cases registered against both groups arising out of the same incident. The applicants and the informant are closely related. The investigation has been completed and charge-sheet has been filed. The applicants are behind bars since 22.02.2026. It is further submitted that, in view of the cross cases and completion of investigation, further detention of the applicants is not warranted. 5. Per contra, the learned APP opposes the application. It is submitted that the applicants had assaulted the informant with deadly weapons and caused serious injuries. According to the prosecution, there is sufficient material against the applicants and, therefore, they do not deserve to be enlarged on bail. 6. Considering the rival submissions and the papers of investigation, it appears that the investigation is completed and charge-sheet has already been filed. The applicants are behind bars since 22.02.2026. The record indicates that the incident occurred on account of a sudden quarrel and there are cross cases registered against both groups. In view of the aforesaid circumstances, further detention of the applicants is not warranted. Hence, I am inclined to allow the application by imposing suitable conditions. 7. Hence, the following order :- O R D E R i. The Bail Application is allowed. ii. The applicants, namely, Nilesh Vitthal Wahule and Swatej Vitthal Dilwale 3 949-BA-904-26.odt Wahule, be released on regular bail in connection with Crime No. 0062 of 2026 registered with Pachod Police Station, District Chhatrapati Sambhajinagar, for the offences punishable under Sections 109, 118(2), 115(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, on furnishing P.R. Bond of Rs.15,000/- (Rupees Fifteen Thousand only) each with one solvent surety in the like amount, to the satisfaction of the Trial Court. iii. The release of the applicant shall be subject to the following conditions :- A) The applicants shall attend the concerned Police Station and report to the Investigating Officer as and when called for the purpose of further investigation, if any. B) The applicants shall attend each and every date before the Trial Court unless exempted by the Trial Court. C) The applicants shall not directly or indirectly make any inducement, threat or promise to any prosecution witness and shall not tamper with the prosecution evidence in any manner. 8. Needless to state that breach of any of the above conditions shall entitle the prosecution to seek cancellation of bail. 9. The observations made herein are prima facie in nature and the Trial Court shall not be influenced while deciding the case on its own merits. 10. Bail before the Trial Court. 11. The Bail Application stands disposed of accordingly. [ SIDDHESHWAR S. THOMBRE ] JUDGE