MARUTI BABASAHEB WAGHMODEversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:27314


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                         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,
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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,
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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,
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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.]
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