1 38-Cr.BA-1222-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1222 OF 2026 Tinkesh Prashant Mahajan -- 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. S.D. Chopde, Advocate for the Applicant. Mr. A.M. Kadukar, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 30, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.32/2026 for the offences punishable under Sections 103(1), 238, 61(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Pathrot, District Amravati rural. 3. Brief facts of the prosecution case, as stated in the First Information Report (F.I.R.), is that on 11/02/2026, the Informant, an Assistant Sub- Inspector attached to Police Station Pathrot, received information regarding a burnt, unidentified human body lying in the canal near the Waghdoha-Khodgaon road. Upon reaching the spot, the police noticed the burnt body and tyre marks of a four-wheeler near the Piyush Mahajan 2026:BHC-NAG:12963 2 38-Cr.BA-1222-2026 canal. Enquiry was made in the surrounding area, whereas it did not reveal the identity of the deceased. Based on these allegations, the F.I.R. came to be registered on 11/02/2026. 4. The learned counsel for the applicant submits that all the accused persons, except the present applicant, have been granted bail. He submits that the case is based on circumstantial evidence and that there is no complete chain of circumstances connecting the applicant with the alleged crime. He further submits that merely on the basis of the last- seen theory, the applicant cannot be implicated in the crime. He submits that similarly placed accused persons, namely Ali Asgar and Vishwajeet Motghare have already been released on bail by the learned Sessions Court. Under such circumstances, he submits that the present applicant is similarly situated and, therefore, deserves to be released on bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that the applicant and his father had a motive to kill the deceased – Shahrukh. He further submits that there was a dispute between the father of the applicant and the deceased – Shahrukh on account of Matka. On the day of the incident, two witnesses had seen the Piyush Mahajan 3 38-Cr.BA-1222-2026 deceased in the company of the applicant between 10:30 p.m. and 11:30 p.m. Under such circumstances, the learned A.P.P. submits that the applicant had the motive to commit the crime and, accordingly, had killed the deceased. The death of the deceased – Shahrukh is homicidal, as can be gathered from the P.M. report, wherein the cause of death is stated to be a head injury. Therefore, the learned A.P.P. submits that, considering the serious allegations against the applicant, the applicant does not deserve to be released on bail. 6. Upon consideration of the submissions advanced by both sides, it appears that, apart from the last-seen theory, there is no other connecting circumstance against the applicant. It is further to be noted that similarly situated persons have already been released on bail by the learned Sessions Court. Under such circumstances, I am of the opinion that the present applicant can also be released on bail by imposing stringent conditions. Hence, the following order: O R D E R (i) The Criminal Application is allowed; (ii) The applicant/accused (Tinkesh Prashant Mahajan) be released on regular bail Piyush Mahajan 4 38-Cr.BA-1222-2026 in connection with Crime No.32/2026 for the offences punishable under Sections 103(1), 238, 61(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Pathrot, District Amravati rural, 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; (vi) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same; Piyush Mahajan 5 38-Cr.BA-1222-2026 (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: 30/09/2026 18:10:34