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Bombay High Court
Dipak Sahdev Waghamare @ Nanya ... vs State Of Maharashtra on 10 April, 2026
Author: R.N. Laddha
Bench: R.N. Laddha
Digitally
2026:BHC-AS:17350 signed by
CHITRA
CHITRA SANJAY
SANJAY SONAWANE
SONAWANE Date:
2026.04.10
19:20:17
Chitra Sonawane. +0530
32-ABA-955-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Anticipatory Bail Application No.955 of 2026
Dipak Sahdev Waghamare
@ Nanya Waghamare
Age-20 years, Occupation - Student
R/a Gaondevi, Vakola Pipeline, Kandil,
Baba Chawl, Indira Nagar, Santacruz East,
Mumbai 400055 ... Applicant
Versus
The State of Maharashtra
(At the instance of Sr. Inspector of Police,
Vakola Police Station, Santacruz (East),
Mumbai - 400 055
Through Public Prosecutor) ... Respondent
----
Mr Abhishek Mishra, for the applicant.
Mr VA Kulkarni, APP, for the respondent/ State.
PSI-Pairavi Dipali Dhalpe, Vakola Police Station, Santacruz
(East), Mumbai.
----
Coram: R.N. Laddha, J.
Date: 10 April 2026.
P.C.:
By this application, the applicant seeks pre-arrest bail in
connection with CR No.228 of 2026, registered at Vakola
Police Station, Mumbai, for offences punishable under Sections
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118(2), 115(2), 352 and 351(2) read with 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
2. The case of the prosecution, in brief, as set out in the FIR
is that on 3 March 2026 at approximately 4:00 p.m., the
applicant, in connivance with the co-accused, assaulted the
informant and his associates. It is alleged that during the course
of the assault, the co-accused struck the informant with a sickle
on his palm, resulting in injury to his finger when he attempted
to ward off the blow. Simultaneously, the applicant allegedly
assaulted Ajit Jaiswal with a bamboo stick.
3. Mr Abhishek Mishra, learned Counsel appearing on
behalf of the applicant, asserting the applicant's innocence,
contends that the applicant has been falsely implicated in the
crime. He submits that the informant had come to the
applicant's residence and initiated a quarrel, and that the
present FIR is a belated and motivated attempt to settle
personal scores. The learned Counsel further submits that the
allegations against the applicant are vague, omnibus, and
lacking in material particulars. It is also urged that the applicant
is willing to cooperate with the investigation and to abide by
any conditions that this Court may deem fit to impose.
4. Mr VA Kulkarni, the learned Additional Public Prosecutor
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representing the respondent/ State, opposes the applicant's
request for bail. He submits that the offence is of a grave and
serious nature. There are specific and direct allegations against
the applicant. It is further contended that there exists a
reasonable apprehension that, if granted bail, the applicant may
tamper with evidence or attempt to influence witnesses.
5. This Court has given anxious consideration to the
submissions canvassed across the Bar and perused the records.
6. Upon a perusal of the records, it appears that the role
attributed to the applicant is not consistent. In the FIR, it is
alleged that the applicant assaulted Ajit Jaiswal, whereas in the
statement of Dilip Jaiswal, it is claimed that the applicant
assaulted him. Pertinently, Ajit Jaiswal was not medically
examined and no medical certificate is on record. In contrast,
the injury certificate on record shows that Dilip Jaiswal
sustained a fracture to the shoulder, which is not attributable to
the present applicant in the FIR. Furthermore, the use of a
sickle, which resulted in injury to the informant, is specifically
attributed to the co-accused and not to the present applicant.
7. In these circumstances, this Court is inclined to extend the
benefit of pre-arrest bail to the applicant. Hence, the following
order:
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ORDER
(i) In the event of the applicant's arrest
in CR No.228 of 2026, registered at
Vakola Police Station, Mumbai, the
applicant shall be released on bail upon
executing a PR Bond of Rs.25,000/- and
furnishing one or more sureties in the like
amount.
(ii) The applicant, himself or through
any other person, shall not tamper with
the evidence or influence witnesses.
(iii) The applicant shall attend the
concerned Police Station as and when
required.
8. The application stands disposed of accordingly.
[ R.N. Laddha, J. ]
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10 April 2026
