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2026 DAILYLAW 2999 (BOM)

VIJAY ASARAM GAIKWAD v. THE STATE OF MAHARASHTRA AND ANOTHER

APPLN/2407/2026 · 2026-07-10

Shri Abhay S Waghwase

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

{1} BA-976-2026 with appln IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 976 OF 2026 WITH CRIMINAL APPLICATION NO.2407 OF 2026 Narayan S/o Ashok Kardile ..Applicant Versus The State of Maharashtra ..Respondent ….. Mr. Ramesh Navanath Dhakane, Advocate for Applicant. Mr. V. K. Kotecha, APP for Respondent/State. Mr. V. A. Mundhe, Advocate for Informant (Assist to APP). ….. CORAM : ABHAY S. WAGHWASE, J. Reserved on : 09.07.2026 Pronounced on : 10.07.2026 ORDER : 1. Criminal Application No.2407 of 2026 has been preferred by the original informant, thereby seeking leave to assist learned APP while prosecuting instant bail application. For the reasons mentioned in the application, application is allowed. The applicant is permitted to assist learned APP. The criminal application is accordingly disposed off. 2. Applicant seeks grant of regular bail on account of his arrest in Crime No.130 of 2026 registered at Paithan Police Station, District Chhatrapati Sambhajinagar, for offences punishable under Sections 2026:BHC-AUG:27313 {2} BA-976-2026 with appln 115, 118(1), 308(2), 351(3), 3(5), 324(4), 352 of the Bharatiya Nyaya Sanhita. 3. Pointing to the date of arrest as 23.04.2026, bail is urged on the ground that only allegation against present applicant is of hurling stone that too on vehicle and causing damage. The second allegation is of using stick, however, the injuries sustained are simple in nature. That, the alleged incident took place in the backdrop of transporting sand. Occurrence is of 22.04.2026. There is no recovery and discovery to be made. Therefore, the custody of the applicant is not required. 4. Learned APP opposed the application on the ground that role of the applicant is defined. He has used stick in beating and used stone for causing damage to the vehicle. According to learned APP there is possibility of misuse of liberty. 5. The learned Counsel, who has been permitted to assist the learned APP and appears on behalf of the complainant, has no objection to the grant of bail and has made a statement to that effect. 6. Heard. Perused the FIR dated 22.04.2026 by one Vijay Gaikwad, who was behind the wheel of truck meant for use of transporting sand. According to him, his vehicle was intercepted by {3} BA-976-2026 with appln four persons named in the FIR and demanded Hafta for conducting said business. As regards the present applicant is concerned, it is alleged that he used stick. Injury certificate of informant is placed on record. He has suffered all simple injuries. Therefore, taking into consideration the same and as the complainant has no objection for grant of bail, the relief as prayed deserves to be granted. Hence, I proceed to pass the following order: ORDER I. The application is allowed. II. Applicant - Narayan S/o Ashok Kardile be released on bail in connection with Crime No.130 of 2026 registered at Paithan Police Station, District Chhatrapati Sambhajinagar, 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 attend the concerned police station thrice in every week i.e. on every Saturday, Tuesday and Thursday and maintain personal diary of his attendance till committal of case and thereafter, shall regularly attend each and every effective date before the trial court. ( ABHAY S. WAGHWASE ) JUDGE scm