MARUTI BABASAHEB WAGHMODE v. THE STATE OF MAHARASHTRA AND ANOTHER
BA/1115/2026 · 2026-07-10
Shri Abhay S Waghwase
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1606 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1606 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
BA-1115-2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1115 OF 2026 Maruti Babasaheb Waghmode .. Applicant Versus
1. The State of Maharashtra Through Police Inspector, Shevgaon Police Station, Shevgaon, Taluka Shevgaon, District Ahmednagar
2. XYZ .. Respondents ….. Mr. Joydeep Chatterji, Advocate for the Applicant. Mr. K. K. Naik , APP for Respondent No.1/State. Mr. Kartik Katariya, Advocate for Respondent No.2. .....
CORAM :
ABHAY S. WAGHWASE, J.
Reserved on : 09.07.2026 Pronounced on : 10.07.2026
ORDER :
1. Applicant seeks grant of regular bail on account of his arrest in Crime No.217 of 2026 registered at Shevgaon Police Station, District Ahilyanagar for offences punishable under Sections 74, 118(1), 352, 351(2), 351(3) read with 3(5) of the Bharatiya Nyaya Sanhita (BNS) and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). 2. According to learned Counsel only allegations against present applicant are of punching and giving kicks. Apart from giving threats, 2026:BHC-AUG:27314
BA-1115-2026 -2- no major role is attributed. Rest of the allegations are directed against his father regarding outraging modesty. That, in fact, applicant wanted to marry the girl. Incident occurred due to misunderstanding. There are counter cases. Father of applicant has filed FIR first in point of time and as a counterblast, present FIR is lodged. Charge-sheet is filed in May, 2026 and therefore further custody of the applicant is not required. 3. Learned APP as well as learned Counsel for victim/informant opposed the application on the ground that apart from allegations of outraging modesty, there are threats. The applicant is named in the FIR as he was accompanying his father. Learned Counsel for informant informed that in another crime, applicant was on bail wherein there was condition that he should not enter the village, but he breached that condition and therefore, for all above grounds, bail is opposed. 4. Heard. Perused the papers. FIR dated 15.03.2026 is at the instance of very same girl, who gave her age as 17 years 7 months. According to her, on 14.03.2026 while she was working in the field, at that time, Babasaheb Waghmode advanced her saying that now she is going to become his daughter-in-law and do not feel shy and according to her, he then embraced her. Further according to her,
BA-1115-2026 -3- when she reported to her parents and while they were standing in front of the house, it is alleged that Babasaheb Waghmode, Dadasaheb Waghmode and Maruti Waghmode came there and Babasaheb again said perform their marriage, otherwise the girl would be kidnapped and when informant’s father was giving understanding, it is alleged that Dadasaheb picked up stick and assaulted father of the informant. The allegations against the present applicant as well as Babasaheb are that they abused the informant's father in filthy language and assaulted him with kicks and fist blows.
On the basis of the above report, the crime came to be registered. 5. Thus, apparently allegations against present applicant are of hurling abuses in filthy language and giving kicks and fist blows. 6. As pointed out, present applicant was granted anticipatory bail by this Court vide order dated 15.05.2024 and 03.03.2025 passed in Anticipatory Bail Application No.800 of 2024 imposing condition not to visit village Dindewadi, Taluka Shevgaon, District Ahmednagar till conclusion of trial. Learned Counsel for complainant has submitted that applicant has breached the condition by entering into village, however, upon Court query as to why the police were not approached for the alleged violation of the condition, he merely submitted that the police station was situated 20 kilometers away. Now, at this stage,
BA-1115-2026 -4- taking into account above nature of allegations, the role attributed to the applicant and as charge-sheet is filed, no purpose would be served by further detention of the applicant. Hence, I proceed to pass the following order:
ORDER I. The application is allowed. II. Applicant – Maruti Babasaheb Waghmode, be released on bail in connection with Crime No.217 of 2026 registered with Shevgaon Police Station, District Ahilyanagar on executing Personal Bond of Rs.15,000/- with one surety in the like amount, on the following conditions : [a] The applicant shall not tamper prosecution evidence. [b] The applicant shall not enter village Dindewadi, Taluka Shevgaon, District Ahilyanagar till conclusion of trial.
[ABHAY S. WAGHWASE, J.] scm