1 42 BA 1207.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1207/2026 (Manoj S/o Eknath Kirtane Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P. M. Khan, Advocate for applicant. Mr. N.B. Jawade, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 28/09/2026. Heard. 2. By this application, the applicant is seeking bail in connection with Crime No.227/2025 registered with Police Station Dattapur, Dist. Amravati for the offences punishable under Sections 103(1), 239, 3(5) of the Bharatiya Nyaya Sanhita. 3. The brief facts of the prosecution story are that the informant gave a report, stating that co-accused Durga Warangane is his sister and was residing with her two children. The deceased was in habit of consuming liquor. He had told the informant about illicit relations of the applicant with his mother i.e. Co-accused Durga. The informant received a phone call from the co-accused Durga informing him that the deceased was assaulted by 2 42 BA 1207.26 someone, and resultantly died Based on this information, the First Information Report (“FIR”) was registered. 4. The learned counsel for the applicant submits that there are total four accused persons. The present applicant is allegedly shown to have illicit relation with accused No.1 i.e. his mother and in furtherance of common intention, all the accused persons have committed the murder of the son of the accused No.1, since the deceased – son was creating hurdles in the relationship between accused No.1 and 2. The First Information Report (“FIR”) was registered by the maternal uncle of the deceased. In the said report, it is stated that some unknown persons have killed the deceased. Almost after 15 days, statement of one Shubham was recorded who is the auto driver, wherein he has disclosed that there were three unknown persons along with the accused No.1 present on the spot, however according to the learned counsel this statement would not be helpful to the prosecution since auto driver has arrived on the spot after the incident had taken place and he noticed only injuries on the deceased. He submits that he has not seen the applicant or the other accused persons assaulting the deceased. Another statement relied on by 3 42 BA 1207.26 prosecution is one of Ganesh which was recorded on 08.12.2025. He is the owner of the field, where the alleged assault on deceased took place and he has noticed accused No.1 along with other accused persons including the applicant, however, his statement was recorded after two months of the incident, even if his statement is taken as it is, he has not stated that the applicant along with other co-accused have assaulted the deceased. Under such circumstances, he submits that mere recovery of blood soaked pant and the weapon are not sufficient to connect the applicant with the crime. Therefore, he prayed to release the applicant on bail. 5. On the other hand, the learned APP vehemently opposes the application and submits that these two witnesses are important witnesses. According to learned APP, on the spot of incident, accused persons’ presence was marked by both the witnesses. There is also recovery of iron rod at the behest of the applicant under Section 23 of the Bharatiya Sakshya Adhiniyam (“BSA”). The statement of auto driver Shubham shows that all the accused persons were present on the spot. Considering the motive to commit the offence and the presence of the applicant on 4 42 BA 1207.26 the spot those circumstances are sufficient to connect the applicant with the crime and therefore, he prayed to reject the application. 6. Upon consideration of submissions of both the sides, apparently, it appears that the FIR was registered by the maternal uncle of the deceased, wherein he has registered the offence against unknown persons. The statement of two witnesses on whom the prosecution had relied on, shows that both the statements are recorded after 15 days and two months respectively from the date of incident. It is further to be noted that even if the statements are considered as it is, except for marking the presence of the applicant along with other co-accused, on the spot of incident they have not stated anything else. Had it been a case that the applicant along with co-accused had assaulted the deceased, they would have fled from the spot. On the contrary, it appears that they tried to save the life of the deceased. Recovery of iron rod at present is of no consequences and it would be useful for the prosecution at the time of trial. Further, even the said iron rod is not having blood stains. It is also surprising to note that the pant of the deceased was taken away from his person 5 42 BA 1207.26 which was soaked in blood and it was shown that the said pant was recovered at the behest of the applicant. It is not clear as to why the person will take out the pant of the deceased and hide the same, thereby creating suspicion on the story of the prosecution, therefore, I am inclined to grant bail. Hence, the following order:- ORDER (i) Criminal application is allowed and disposed of. (ii) The applicant/accused Manoj S/o. Eknath Kirtane be released on bail in connection with Crime No.227/2025 registered with Police Station Dattapur, Dist. Amravati for the offences punishable under Sections 103(1), 239, 3(5) of the Bharatiya Nyaya Sanhita on his furnishing P.R. Bond of Rs. 50,000/- with two 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, as also shall not tamper with the evidence. (iv) The accused shall provide his residential address and cell number to concerned Police Station and shall not change his place of residence without prior intimation to the concerned Investigating Officer. (v) The applicant/accused shall attend each and every date of trial regularly. If he fails to attend the trial on even a single date or fails to comply with the aforesaid conditions, his default would entail the State to ask for 6 42 BA 1207.26 cancellation of bail. 7. Pending application, if any, stands disposed of accordingly. 8. The observation of this Court are prima facie in nature and are only limited to this application. The Trial Court shall not be influenced by the aforesaid observations. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 29/09/2026 17:15:27