VIJAY ASARAM GAIKWADversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:27313


                                                   {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
                                    {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