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2026 DAILYLAW 13258 (BOM)

AKASH ALIAS DADYA ANANTA WAGH v. STATE OF MAHARASHTRA

BA/2819/2026 · 2026-09-30

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Judgment text

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68.BA.2819.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2819 OF 2026 Akash @ Dadya Ananta Wagh .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Tanmay Kate a/w. Mr. Sarvesh Nikam, Advocates i/by Mr. Vipul Dushing for Applicant.  Ms. Rajeshree V. Newton, APP for Respondent – State.  Mr. Sandip Chandgude, Haveli Police Station, Pune present. ......…........… CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 30, 2026. P.C.: 1. Heard Mr. Kate, learned Advocate for Applicant and Ms. Newton, learned APP for Respondent – State. 2. This is an Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in connection with C.R.No.210 of 2024 registered with Haveli Police Station, District Pune for offences punishable under Sections 103(1), 189(2), 189(4), 189(9), 191(2), 191(3), 190, 352, 351(2), 351(2), 351(3) and 351(4) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’); Sections 3, 4, 25 and 27 of the Arms Act and Section 135 of the Maharashtra Police Act. The First Information Report is filed on 15.09.2024 and Applicant came to be arrested on 16.09.2024. 1 of 4 68.BA.2819.2026.doc 3. Applicant is in custody for the past 1 year 10 months. A street fight occurred between two groups of persons who were all known to each other when their verbal altercation escalated into a fight. The verbal altercation initially was on the mobile phone when each of the group members started threatening each other and confronted each other outside the hotel in the public place. 4. Both the sides lodged FIRs and cross FIRs. Members of both the sides were injured. In the present crime which is registered by the First Informant, there are total 15 accused person out of which 14 are already on bail except the present Applicant. 5. The witness statements which are recorded by the prosecution prima facie show escalation of violence committed by both sides qua each other. It also shows that both sides had fired in the air rather than at each other in order to quell the other side. 6. Considering the fact that the investigation is complete and no specific motive having been ascribed, save and except the fact that it was a free street fight without any premeditation between the two groups of persons who were known to each other and wanting to establish supremacy in the area of their operation and residence, I am inclined to consider the case of Applicant for grant of bail on parity. 2 of 4 68.BA.2819.2026.doc 7. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Akash @ Dadya Ananta Wagh is directed to be immediately released from prison in connection with CR. No.210 of 2024; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Haveli Police Station, once every month, on the first Sunday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek unnecessary adjournments. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) Applicant shall not leave the State of Maharashtra 3 of 4 68.BA.2819.2026.doc without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 8. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 9. Bail Application is allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay 4 of 4 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.10.01 11:33:55 +0530