1 34-Cr.BA-1157-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1157 OF 2026 Piyush S/o Kailash Thakare -- VERSUS -- The 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. Nahush S. Khubalkar, a/w. Mr. Raju Thakare, Advocates for the Applicant. Ms. T.H. Udeshi, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 28, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.267/2026 for the offences punishable under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Ramtek, District Nagpur. 3. The prosecution case, as stated in the First Information Report (FIR), is that the deceased Pratapsingh Mahadevsingh Bais @ Thakur, who was working as a cook at the accused’s dhaba, was allegedly assaulted by the accused on 26/07/2025 and thereafter caused to hang by a rope, resulting in his death. It is further alleged that the dead body was Piyush Mahajan 2026:BHC-NAG:12800 2 34-Cr.BA-1157-2026 concealed and, with the assistance of the co-accused, buried in an agricultural field without informing the police. Upon receiving the information, the police exhumed the dead body and conducted the necessary inquiry. Based on these allegations, the First Information Report (FIR) came to be registered. 4. The learned counsel for the applicant submits that the alleged incident took place on 26/07/2025, wherein it is alleged that, while the deceased was committing suicide, the applicant pulled the cot and, accordingly, the deceased was automatically hanged. It is further alleged that all the accused persons thereafter buried the said dead body in the field of the applicant’s father. Neither the prosecution has established it is a homicidal death, nor suicidal, or accidental death. It is only on the basis of suspicion that the wife lodged the F.I.R. on 10/03/2026, and thereafter, the dead body was exhumed. Only on the basis of the confessional statement of the applicant, the applicant was involved in the crime. There is not a single connecting circumstance against the applicant, and therefore, the applicant deserves to be granted bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that though there is no cause of death on the record, Piyush Mahajan 3 34-Cr.BA-1157-2026 however, the fact remains that the dead body was exhumed from the field of the applicant. She further submits that, initially, information was given by the wife of the deceased on 09/03/2026, that since long the deceased is missing, and therefore, upon inquiry, suspecting the present applicant and the co-accused, the present applicant was arrested and his confessional statement was recorded. The learned A.P.P. further submits that even the applicant's father has confessed the crime. Under such circumstances, she submits that the applicant does not deserve to be granted bail. 6. I have considered the rival submissions. Upon consideration, it appears that, apart from the confessional statement, there is no link between the alleged commission of the crime and the present applicant. It further appears that it is not on record whether the death is homicidal, suicidal, or accidental. Merely on the basis of the confessional statement, the applicant cannot be kept behind bars. Since the investigation is complete and the charge- sheet is filed, and the applicant is in jail since 10/03/2026, I am inclined to grant bail by imposing stringent conditions. Hence, the following order: O R D E R (i) The Criminal Application is allowed; Piyush Mahajan 4 34-Cr.BA-1157-2026 (ii) The applicant/accused (Piyush S/o Kailash Thakare) be released on regular bail in connection with Crime No.267/2026 for the offences punishable under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Ramtek, District Nagpur, on his furnishing a P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount; (iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, and also shall not tamper with the evidence; (iv) The accused shall provide his residential address and cell number to the Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency; (v) Once the trial commences, the accused shall attend each and every date of trial regularly. If he fails to attend the trial for one single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail; Piyush Mahajan 5 34-Cr.BA-1157-2026 (vi) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same; (vii) 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: 28/09/2026 19:08:14