Bombay High Court

AKASH ALIAS DADYA ANANTA WAGHversusSTATE OF MAHARASHTRA

Decided: 30 September 2026
Disposal: Allowed

Holding

Bail is granted to the applicant subject to the conditions specified by the court.

Summary

The applicant, Akash @ Dadya Ananta Wagh, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences arising from a street fight between two known groups, for which he had been in custody for nearly two years. The FIR listed multiple offences under the Bharatiya Nyaya Sanhita, the Arms Act and the Maharashtra Police Act, and 14 of the 15 accused were already on bail. The prosecution’s witness statements indicated that violence was mutual and that firearms were fired in the air, with no premeditated motive. The court noted that the investigation was complete and the incident appeared to be a spontaneous altercation without specific motive. Considering these prima facie observations, the court granted bail subject to stringent conditions, emphasizing that the order was limited to bail and not a determination on the merits of the case.

Issues considered

Whether bail should be granted to the applicant in view of the nature and seriousness of the offences alleged under the BNS, Arms Act and Maharashtra Police Act
Whether the applicant’s prolonged pre‑trial detention is justified given the circumstances of a spontaneous street fight

Legislation cited

Arms Act — s. 25, 27, 3, 4
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 189(2), 189(4), 189(9), 190, 191(2), 191(3), 351(2), 351(3), 351(4), 352
Maharashtra Police Act — s. 135

Subjects

bail
criminal procedure
street fight
multiple offences
pre‑trial detention
investigation complete
conditions of bail

Judgment

68.BA.2819.2026.doc

Ajay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
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.

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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.

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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. Any such conduct shall

entitle the prosecution to apply for cancellation of bail;

(v) Applicant shall not leave the State of Maharashtra

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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
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.10.01
11:33:55 +0530
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