NILESH VITTHAL WAHULE AND ANOTHERversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:23803
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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           BENCH AT AURANGABAD

                                     949 BAIL APPLICATION NO. 904 OF 2026

                                Nilesh Vitthal Wahule And Another
                                              VERSUS
                             The State Of Maharashtra And Another
                                                 ...
             Advocate for Applicants : Mr. Salunke Sudarshan J
             APP for Respondent-State: Mr. S. D. Ghayal
                                                 ...

                                          CORAM        : SIDDHESHWAR S. THOMBRE, J.
                                          DATE         : 17.06.2026

             PER COURT :

             1.             Heard learned counsel for the applicants and learned APP for the

             respondent – State.

             2.         The applicants seek release on bail in connection with Crime No.

             0062 of 2026 registered with Pachod Police Station, District Chhatrapati

             Sambhajinagar, for the offences punishable under Sections 109, 118(2),

             115(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

             3.         The prosecution’s case is that the applicant no.1 assaulted the

             informant on head and neck by means of an axe whereas the applicant

             no.1 assaulted the father of informant by means of spade thereby causing

             him fracture. The said incident occurred out of small quarrel which took

             place between informant and present applicants over disposing woods in

             the vicinity of house of applicants.

             4.         Mr. Salunke, the learned counsel for the applicants submits that
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there are cross cases registered against both groups arising out of the

same incident. The applicants and the informant are closely related. The

investigation has been completed and charge-sheet has been filed. The

applicants are behind bars since 22.02.2026. It is further submitted that,

in view of the cross cases and completion of investigation, further

detention of the applicants is not warranted.

5.        Per contra, the learned APP opposes the application. It is submitted

that the applicants had assaulted the informant with deadly weapons and

caused serious injuries. According to the prosecution, there is sufficient

material against the applicants and, therefore, they do not deserve to be

enlarged on bail.

6.        Considering the rival submissions and the papers of investigation, it

appears that the investigation is completed and charge-sheet has already

been filed. The applicants are behind bars since 22.02.2026. The record

indicates that the incident occurred on account of a sudden quarrel and

there are cross cases registered against both groups. In view of the

aforesaid circumstances, further detention of the applicants is not

warranted. Hence, I am inclined to allow the application by imposing

suitable conditions.

7.        Hence, the following order :-

                                    ORDER

     i.    The Bail Application is allowed.
     ii. The applicants, namely, Nilesh Vitthal Wahule and Swatej Vitthal
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           Wahule, be released on regular bail in connection with Crime No.
           0062 of 2026 registered with Pachod Police Station, District
           Chhatrapati Sambhajinagar, for the offences punishable under
           Sections 109, 118(2), 115(2), 352, 351(2) and 3(5) of the
           Bharatiya Nyaya Sanhita, 2023, on furnishing P.R. Bond of
           Rs.15,000/- (Rupees Fifteen Thousand only) each with one solvent
           surety in the like amount, to the satisfaction of the Trial Court.
     iii.        The release of the applicant shall be subject to the following
           conditions :-
           A)   The applicants shall attend the concerned Police Station and
                report to the Investigating Officer as and when called for the
                purpose of further investigation, if any.
           B)   The applicants shall attend each and every date before the
                Trial Court unless exempted by the Trial Court.
           C)   The applicants shall not directly or indirectly make any
                inducement, threat or promise to any prosecution witness and
                shall not tamper with the prosecution evidence in any manner.
8.      Needless to state that breach of any of the above conditions shall

entitle the prosecution to seek cancellation of bail.

9.      The observations made herein are prima facie in nature and the

Trial Court shall not be influenced while deciding the case on its own

merits.

10.     Bail before the Trial Court.

11.     The Bail Application stands disposed of accordingly.




                                              [ SIDDHESHWAR S. THOMBRE ]
                                                        JUDGE