1 17-Cr.BA-71-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 71 OF 2026 Ajay S/o. Anand Wankhede -- 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 for the Applicant. Mr. N.B. Jawade, A.P.P. for the Non-applicant/State. Ms. Radha M. Mishra, Advocate for Assist to Prosecution. CORAM : M.M. NERLIKAR, J. DATE : JUNE 22, 2026. CRIMINAL APPLICATION [APPP] NO. 678 OF 2026:- For the reasons stated in the application, the application is allowed and disposed of. 2. The informant is permitted to assist the prosecution. CRIMINAL APPLICATION [B.A.] NO. 71 OF 2026:- Heard. 2. The present application is filed seeking regular bail in Crime No.538/2024 for the offences punishable under Sections 140(1), 140(3), 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023, Piyush Mahajan 2026:BHC-NAG:8047 2 17-Cr.BA-71-2026 registered with Police Station Beltarodi, District Nagpur. 3. As per the First Information Report lodged by the informant, Mr. Riddheshwar Prakash Akare it is alleged that on 28/08/2024, his sister, Ms. Jyotsna Prakash Akare, aged 32, left her residence stating that she would stay at her friend’s house and return thereafter. However, she did not return home. Upon inquiry, her friend informed him that she had left the friend's residence on the same night and thereafter could not be contacted. Despite efforts made by the informant and family members to trace her, her whereabouts remained unknown. Consequently, on 18/09/2024, the informant lodged the First Information Report expressing apprehension that an unknown person might have abducted and wrongfully confined her. Based on the said allegations, the present F.I.R. was registered. 4. The learned counsel for the applicant submits that, the entire case is based on circumstantial evidence. The applicant had relations with the deceased and only on the basis of suspicion he was arrested. He further submits that, no DNA test was conducted on the dead body, and therefore, it is very difficult to say that, the dead body which was recovered by the Investigating Officer, at the behest Piyush Mahajan 3 17-Cr.BA-71-2026 of applicant is the dead body of deceased – Jyotsna. According to prosecution, the deceased was seen alive on 28/08/2024, at about 09:28 p.m. Thereafter on 29/08/2024, a missing report was registered by the brother of the deceased, wherein, absolutely even the suspicion has not been shown, so far as the present applicant is concerned. It is only on 18/09/2024, i.e., almost after 20 days, the First Information Report was registered by the brother alleging kidnapping. Even the F.I.R. was registered against unknown persons and the name of the applicant does not appear. Thereafter on 21/10/2024, the dead body was exhumed in a decomposed condition. As the said dead body was in a decomposed position, no one was able to identify the deceased – Jyotsna. He submits that, even the inquest panchanama shows that, there was no identification of the skeleton, and considering all the circumstances, there is no evidence against the applicant. He further submits that, all the statements are recorded at a belated stage, and therefore, those can be said to be planted witnesses and cannot be relied upon. Further, the applicant was not seen together in the company of the deceased by any of the witness around the time of her death. Therefore, he submits that, as the applicant is behind bars since Piyush Mahajan 4 17-Cr.BA-71-2026 18/10/2024, the applicant deserves to be granted bail. 5. On the other hand, the learned A.P.P. and the learned counsel assisting the prosecution submit that, admittedly, the deceased was seen alive on 28/08/2024 till 21:47 hours. As the deceased did not return back, a missing report was registered which was filed by the brother. During the enquiry of the missing report, the Investigating Officer collected certain material which led them to the applicant, and therefore, on 18/10/2024, the applicant was arrested. They further submit that, as the case is based on circumstantial evidence, some time was consumed to disclose the entire episode, and accordingly, statement of friend of deceased, Amruta, was recorded, and she disclosed that, on 28/08/2024, when the deceased came to her house around 09:15 p.m., she suddenly received a phone call and thereafter the deceased informed her that she is going to meet the applicant and will come back soon. Accordingly, she left around 09:28 p.m. but she did not return back. They further submit that, during investigation and after analysis of mobile record, it transpired that, the applicant took his mother’s mobile phone at the scene of incident by keeping his mobile at phone so that his location could not be Piyush Mahajan 5 17-Cr.BA-71-2026 traced. It was submitted that it is a well planned murder. Upon perusal of statement of Amruta it shows that when the deceased did not return back to the house of Amruta, she called the applicant to know the whereabouts of the deceased on his mobile number, however, as his phone was at home, his mother picked up the call, who initially told that the applicant is not at home, however, in the second breath she stated that the applicant is sleeping. The learned A.P.P. further submits that, after analysis of the mobile phone, it was revealed that the applicant has used mobile phone of his mother and kept his mobile phone at home. He further invited my attention to the analysis report of the mobile phone and submits that the tower location of the applicant, i.e., from mother’s mobile phone as well as the mobile phone of deceased, are shown at the same place, i.e., at Wardha road. After committing murder of the deceased, he threw the mobile of the deceased in the truck. He has invited my attention to the statement of the truck driver, wherein he has stated that, he was travelling from the place where the murder was committed. The statement of wife of the applicant also goes to show that though the applicant is serving in military and was posted at Nagaland, however, without informing his wife, he came to Nagpur, this fact itself is sufficient according to the Piyush Mahajan 6 17-Cr.BA-71-2026 learned A.P.P. to connect the applicant with the murder of deceased. The wife also stated that he has suppressed the fact of having relations with the deceased. After committing murder, he himself got admitted to the military hospital at Kamptee and thereafter shifted to Pune. When the enquiry was made in Pune, he apprehending arrest fled from the said hospital without informing anyone. Therefore, he submits that, further conduct of the applicant after committing the murder of the deceased is important. The dead body was exhumed at the behest of applicant and the said dead body was identified by the brother from dhaga/thread in her wrist. In order to hide the identity of the deceased, the applicant had taken off all the clothes of the deceased and burnt them. Under such circumstances, according to the learned A.P.P. and the learned counsel assisting the prosecution, there is sufficient material against the applicant to connect him with the crime, and therefore, they submit that, the application be rejected. 6. I have considered the rival submissions. Upon perusal of the record, it appears that, initially on 29/08/2024, a missing report was lodged by the brother of the deceased Jyotsna. It further appears that, on 18/09/2024, F.I.R. was also registered by the Piyush Mahajan 7 17-Cr.BA-71-2026 brother for the offence of kidnapping. It further appears from the record that, the applicant was having illicit relations with the deceased, which could be gathered from the statement of Amruta as well as Call Details Record (CDR), as there were continuous calls between the couple. On 18/10/2024, when the applicant was arrested, he showed the spot where he had buried the deceased – Jyotsna, and, accordingly on 21/10/2024, the dead body was exhumed. It was sent for forensic analysis. Admittedly, no witness has seen the applicant in the company of the deceased around the time of her death and it is the friend of the deceased Amruta who has seen the deceased alive on 28/08/2024 at about 09:28 p.m. when the deceased left her house stating that she was going to meet the applicant. However, thereafter, she did not return. The statement of Amruta shows that at about 09:15 p.m. deceased came to her house, and thereafter, she left at about 09:28 p.m. by saying that she will come after meeting Ajay. She waited for about 1 – 1.5 hour, however, the deceased did not return, and accordingly, she tried to contact deceased on mobile phone, but there was no response from Jyotsna. Thereafter, it appears from her statement that, at about 11:30 p.m. she called the applicant on his mobile phone, however, his mother picked up the call and informed to Amruta that the applicant is not Piyush Mahajan 8 17-Cr.BA-71-2026 at home, however, at the same time, she also informed that applicant is sleeping, therefore, she contacted other friends and asked whereabouts of the deceased – Jyotsna. From the statement of Amruta, it further appears that, the deceased was insisting the applicant to marry her. It is pertinent to note that, when Amruta on 28/08/2024 had called the present applicant at about 11:30 p.m., the said phone was picked up by the mother of the applicant and it was informed in the first breath that the applicant is not at home and immediately in the second breath it was informed that the applicant was sleeping. No doubt, statement was recorded on 28/09/2024, i.e., much after the missing report. However, it appears that, even during the enquiry of missing report, the statement of Amruta was recorded and upon instructions from the Investigating Officer, the learned A.P.P. submits that, identical facts have been mentioned in the said statements. No doubt, it appears from the record that, the important statements are recorded at somewhat belated stage, but the fact remains that, the entire case is based on circumstantial evidence. 7. Analysis report of CDR’s was placed in the charge-sheet wherein there was an analysis of some suspected phone numbers. In those suspected phone numbers, the mobile numbers of applicant, Piyush Mahajan 9 17-Cr.BA-71-2026 mother of applicant, deceased, and friend of deceased namely Amruta, etc, were analysed. From the said analysis, it could be gathered that the tower location of the mobile number of mother was seen at the Neelkamal Society at about 09:47 hours. In the Neelkamal Society, friend of deceased, namely, Amruta, resides. Even the tower location of the mobile phone of deceased, at the same time was shown at Neelkamal Society. Thereafter, the tower location of both these mobiles were again shown at Wardha Road near Essar Petrol Pump at about 22:38 hours. 8. It is further to be noted that the friend of deceased, namely, Amruta had repeatedly called the deceased, however, she did not pick up the phone, thereafter, Amruta, called on the mobile phone of the applicant, however, said call was picked up by the mother of the applicant and it was informed that the applicant was not at home and immediately she also informed that applicant was sleeping. The said call was made at about 23:30 hours. Therefore, from the above analysis, it could be gathered that the applicant had left his mobile phone at his home and had carried the mobile phone of his mother, only with an intention to commit the murder of the deceased - Jyotsna. This entire plan was made only to save himself from the clutches of law so that Piyush Mahajan 10 17-Cr.BA-71-2026 his location could not be traced as he is aware of the fact that there would be investigation after committing the murder of the deceased – Jyotsna and he was aware that if he keeps his mobile phone at home he can take a defense that he was at home as the tower location of his mobile was at home. Therefore, from the above, it is crystal clear that, the applicant was in the company of the deceased since 21:47 hours till commission of murder. 9. Further, it is to be noted that the applicant has thrown the mobile of the deceased in a truck which was plying on the Wardha road towards Hyderabad, as the said mobile was noticed by the truck driver, Ashish Yaduwanshi, while unloading the goods from the truck, and when it was switched on, the location was shown at Telangana, and thereafter, the police has contacted him, and accordingly, his statement was recorded, wherein he has specifically stated that he was passing from Nagpur towards Hyderabad via Wardha Road. Therefore, it appears from the record that the applicant had very cleverly planned the murder, taken the deceased with him and committed the murder. 10. Further, it is to be noted that, the dead body of the deceased was exhumed at the behest of the applicant, which is the most incriminating circumstance against the applicant because the dead Piyush Mahajan 11 17-Cr.BA-71-2026 body is not found from the graveyard, but at an isolated place. It is only the applicant who had the special knowledge that he had buried the deceased at that particular place. When the body was exhumed it was in a decomposed position, and it was very difficult to identify the same, however, the brother has identified the said dead body from dhaga / thread which was on the wrist of Jyotsna. 11. It is further to be noted that, the applicant is serving in military and was posted at Nagaland at the relevant time. It is worth while to note that, the applicant came from Nagaland to Nagpur, however, he has not disclosed this fact to his wife, which could be gathered from the statement of the wife. After the incident he admitted himself in the hospital at Kamptee and from there he was shifted to Pune Military Hospital and from Pune Military Hospital he fled away as he apprehended arrest at the hands of police officers. This unnatural conduct also strengthens the case of the prosecution. No doubt, the statements which are placed on record or annexed along with the charge-sheet appears to be recorded at a belated stage, but when the case is based on circumstantial evidence, and only when the links are established, then only the Investigating Officer is in the condition to record the statements. Under such circumstances, in my opinion, it is not Piyush Mahajan 12 17-Cr.BA-71-2026 fatal while considering the bail application. Further, pursuant to another disclosure statement, weapon used for committing murder, i.e., stone was recovered at applicant’s behest which corroborates with cause of death, i.e., head injury as opined by the doctor. Even there is strong motive with the applicant to eliminate the deceased as it is not in dispute that, the applicant had illicit relations with the deceased and the deceased was insisting the applicant to marry her. It is further to be noted that, the marriage between the applicant and Puja-wife of applicant was suppressed by the applicant from the deceased. Apart from the motive, there are clinching circumstances which are narrated above. A man may lie but the circumstances never lie. Under such circumstances, as the chain of circumstances is complete and is pointing towards the applicant, it could be said that the applicant has committed a well planned murder, and therefore, though the applicant is in jail since 18/10/2024, I am not inclined to grant bail. Hence, the Criminal Application is rejected. [ M.M. NERLIKAR, J ] Piyush Mahajan