1 17-Cr.BA-943-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 943 OF 2026 Chandrashekhar s/o Ramaji Turare -- VERSUS -- State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. R.M. Daga, Advocate a/b. Mr. M.V. Rai, Advocate for the Applicant. Ms. S.S. Dhote, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 21, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.1157/2025 for the offences punishable under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023, and Sections 3 and 25 of the Arms Act, registered with Police Station Kalmeshwar, District Nagpur. 3. The informant, Joshna Arun Turare, lodged an oral report stating that a long-standing property, agricultural land division, water usage, and right-of-way dispute existed between her husband, the deceased Arun Ramaji Turare, and his elder brother, the accused, Chandrashekhar Ramaji Turare. Piyush Mahajan 2026:BHC-NAG:12536 2 17-Cr.BA-943-2026 On December 13, 2025, while working on their agricultural lands in Mouza Mohgaon Savangi, the deceased went missing during the afternoon while operating a tractor in the orchard, leaving behind his running tractor, slippers, and a blood-stained scarf. Subsequently, on the morning of December 14, 2025, a search conducted with relatives and authorities led to the discovery of human remains and charred bones in a nearby nala, prompting the informant to allege that the accused murdered her husband and burned his body to destroy evidence due to ongoing civil and domestic disputes. Based on these allegations, F.I.R. came to be registered. 4. The learned counsel for the applicant submits that the incident is said to have occurred on 13/12/2025. He submits that on 14/12/2025, two pieces of human bones were seized from the spot. There is no evidence in the entire charge sheet to link the present applicant with the alleged crime of murder. Though the motive was shown in the charge sheet that the applicant and the deceased are brothers inter se and there is a land dispute, however, there is no concrete material in order to connect the applicant with the alleged crime. There is also no "last seen" evidence against the applicant. He further invited my attention to the outpatient record Piyush Mahajan 3 17-Cr.BA-943-2026 (Casualty) of the Government Medical College and Hospital, Nagpur, wherein the name of the deceased was shown as Arun Ramaji Turare and in the said document, the history was narrated by a police constable, Prajot Toyde, wherein he has stated that assault by known person by gunshot, then burned on wooden sticks yesterday. He submits that this entry in the record of the Government Medical College and Hospital, Nagpur, itself suggests that the document has been fabricated as the dead body was not found and only bones were found from the spot. Under such circumstances, according to the learned counsel, there is no material to show that the dead body was of his brother, Arun. The basis on which such entries are made is not explained in the entire charge sheet, and therefore, he submits that the story of the prosecution connecting the applicant is absolutely concocted. So far as the recovery of rifle is concerned, since the applicant is a retired military personnel, he was having a licence of a 12-bore rifle, and accordingly, he submits that the recovery of the rifle is of no use. The allegations made are that he fired three rounds from the said rifle and accordingly the deceased was killed by pellets of that case. Even the CCTV footage would not be useful for the reason that no petrol residues were found from the ash which was collected from the spot. In the CCTV Piyush Mahajan 4 17-Cr.BA-943-2026 footage, it was shown by the prosecution that the applicant purchased petrol in a bottle from the petrol pump on 13/12/2025, and therefore, he submits that even this circumstance would not connect the applicant with the alleged crime. He further invited my attention to the Chemical Analyzer (CA) report wherein, so far as the use of petrol is concerned, it was negatived. There is no station diary entry so far as the so-called search panchanama is concerned in the entire charge sheet, and therefore, the pellets which are recovered from the spot of the incident were shown to be recovered on 17/12/2025, and therefore, according to the learned counsel, no such recovery has been made from the spot. Under such circumstances, he submits that the case of the prosecution is itself in the clouds of doubt, and therefore, now that the investigation is over and the charge sheet is filed, he submits that the applicant deserves to be granted bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that the deceased is the brother of the present applicant. There is a strong motive against the applicant to connect with the alleged crime. The prosecution has successfully brought on record the motive of the applicant to kill the deceased as there was a dispute Piyush Mahajan 5 17-Cr.BA-943-2026 in respect of ancestral property. She further submits that an F.I.R. was also registered previously on account of a quarrel between both the brothers. Four days before the incident, there was a quarrel between the applicant and the deceased, which could be gathered from the statements of various witnesses. Admittedly, the burnt dead body was found at the spot in the intervening night of 13/12/2025 and 14/12/2025, and a spot panchanama was drawn, wherein human bones were found from the said spot. She further submits that initially on 13/12/2025, a missing report was registered by the widow of the deceased, and accordingly, a search operation was going on in the jungle and it was noticed by the forest guards that a body was burning on the spot, and accordingly, the police visited the said spot, however, the entire body had burnt. Though there is no evidence of being "last seen together," however, she submits that other circumstances are sufficient to connect the applicant with the alleged murder of the deceased. The DNA report matches the sample of the son of the deceased, and therefore, it was confirmed that it is the body of the deceased, Arun, who is the brother of the present applicant. There is also the seizure of a 12-bore rifle at the behest of the applicant. She further submits that a strong circumstance against the applicant is that on Piyush Mahajan 6 17-Cr.BA-943-2026 13/12/2025, between 06:22 p.m. to 06:29 p.m., the applicant was seen in the CCTV footage filling petrol into his motorcycle as well as into a bottle. According to the learned A.P.P., this is a vital circumstance which goes to show that he has collected petrol from the petrol pump in a bottle and that it was used for burning the dead body. Initially, the applicant fired on the deceased with the help of a 12-bore rifle, which hit the deceased, and accordingly, he died. She further invited my attention to the various statements wherein these witnesses, according to the learned A.P.P., heard the noise of firing three shots. She further submits that the search panchanama dated 17/12/2025 was conducted, wherein pellets were found from the spot where the dead body was burnt. Those pellets were forwarded to the forensic laboratory and the result shows four deformed lead pieces that are generally used as projectiles in 12- bore shotgun cartridges, and therefore, she submits that it is the same rifle which was used for firing the said pellets. She further submits that the 12-bore rifle was seized from the applicant, along with seventeen live cartridges and three empty cartridges, and therefore, she submits that there is a complete chain of circumstances, and the applicant does not deserve to be granted bail. Piyush Mahajan 7 17-Cr.BA-943-2026 6. I have considered the submissions of both the sides. So far as the outpatient record is concerned, wherein the name of the deceased was shown and the history was given by a police constable, Prajot Tayde, wherein it was stated that "assault by known person by gunshot, then burnt by wooden sticks". So far as this fact is concerned, the same can be considered at the time of trial. However, it appears that, the arrest of the applicant was shown on 14/12/2025 at about 22:02 hours. Prior to his arrest, it appears that he was taken into custody on the basis of suspicion raised in the F.I.R., he had disclosed about commission of offence, and therefore, that entry in the outpatient record seems to have taken. There may be discrepency and negligence during the investigation, however, that itself is not sufficient to grant bail. 7. After going through the record with the able assistance of both the counsel, it appears that the incident has occurred in the intervening night of 13/12/2025 and 14/12/2025. The body was found in the burnt condition and only few bones were found on the spot. It appears that this fact was noticed, and accordingly, the intimation was given to the police, thereafter, spot panchanama was prepared and human bones are found. Piyush Mahajan 8 17-Cr.BA-943-2026 8. So far as the involvement of the applicant is concerned, the applicant had a strong motive to commit the murder of the deceased since it appears that there was a dispute regarding their ancestral property. Even it appears that previously F.I.R. was also registered. Perusal of several statements shows that four days before the incident, there was a quarrel between the applicant and the deceased. 9. No doubt, so far as the "last seen" evidence is concerned, there is no material in the entire charge sheet, however, it appears that burnt bone pieces which are found from the spot belong to Arun, who is the brother of the present applicant. This could be gathered from the DNA report which was placed on record. 10. Apart from that, there are other circumstances which connect the applicant with the alleged crime. Admittedly, it appears that the applicant is a retired military personnel and is having licenced rifle. Perusal of the CA report goes to show that projectiles were fired from the said rifle. The C.A. report shows the following results:- “ Residues of fired ammunition-nitrite were detected in the barrel washings of the double barrels in Exhibit (1B), showing that it Piyush Mahajan 9 17-Cr.BA-943-2026 was used for firing prior to its receipt in the laboratory The characteristic features of firing pin impression on the empty in Exhibit (4C) tally with those on the cartridge cases test fired through the right-side barrel of above mentioned assembled double barrel breech loading 12 bore shotgun (examined under comparison microscope), showing that the empty in Exhibit (4C) has been fired from right side barrel of above mentioned assembled double barrel breech loading 12 bore shotgun. Exhibit (5) contains four deformed lead pieces (weighing 1.9072 gms), that are generally used as projectiles in 12 bore shotgun cartridges. Exhibit (6) contains twelve deformed lead pieces (weighing 5.1322 gms), that are generally used as projectiles in 12 bore shotgun cartridges” It further appears from the spot where the dead body was burnt, deformed pellets were found. On the information given by the applicant, the search panchanama was drawn on 17/12/2025, and accordingly, the forensic team again went to the spot of the incident and found four and twelve deformed pellets at the crime scene. So far as the station diary is concerned, it appears that in the charge sheet there Piyush Mahajan 10 17-Cr.BA-943-2026 is no station diary entry giving the details of the search panchanama, however, the learned A.P.P. during the course of hearing has produced on record the station diary dated 17/12/2025 wherein the entry regarding the search panchanama has been made. 11. It is further to be noted that, in the CCTV footage also, the applicant was seen filling petrol into his motorcycle and also into a bottle, and therefore, it could be gathered that the petrol in the bottle was used to burn the body of the deceased. 12. Under such circumstances, in my opinion, though the investigation is over and the charge sheet is filed, there are strong circumstances against the applicant to connect him with the alleged murder of his brother such as, strong motive, seizure of the 12-bore rifle, petrol was filled in bottle, same was used to burn the body, the C.A. report in respect of the rifle, residues of fired ammunition – nitrite were deceted in the barrel washings. Therefore, the above circumstances goes to show that it is the applicant who killed his brother, the deceased Arun Turare, by firing from a 12-bore rifle, and further that his dead body was burnt by using petrol, and therefore, this is nothing but a well- Piyush Mahajan 11 17-Cr.BA-943-2026 planned murder, and under such circumstances, I am not inclined to grant bail. Hence, the Criminal Application is rejected. Pending Misc. Application(s), if any, also stand disposed of. (M.M. NERLIKAR, J.) Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 22/09/2026 18:27:58