1 42. BA 1233 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.1233 OF 2026 ANIL S/O RAMESHWAR BHONDE VERSUS STATE OF MAHARASHTRA THR PSO, PS RAMNAGAR, CHANDRAPUR, DIST. CHANDRAPUR Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Sandeep Bamnote h/f Mr. S.A. Mohta, Advocate for Applicant. Mr. A.M. Kadukar, APP for Non-Applicant-State. CORAM : M.M. NERLIKAR, J. DATED : 01st OCTOBER 2026 PER COURT :- 1. Heard learned Counsel for the applicant as well as learned APP for the State. 2. By this application, the applicant is seeking bail in connection with Crime No.836 of 2025, dated 23.10.2025, registered with Police Station Ramnagar, Dist. Chandrapur, for the offences punishable under Sections 103(1), 61(2), 238, 326(f) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The brief facts of the prosecution case are that on 23.10.2025, informant Saurabh Wasudeo Thakare, lodged a report that deceased Nitesh Thakare was his elder brother and he was working with co-accused Sujit Ganvir. During Diwali festival, accused 2026:BHC-NAG:13084 2 42. BA 1233 of 2026.odt Sujit failed to provide new clothes to the deceased, which resulted into quarrel between him and deceased. Thereafter, the deceased stopped working with accused Sujit. It is alleged that on 22.10.2025, at about 09.00 p.m., deceased Nitesh went along with the applicant to watch a movie. However, the deceased did not return home. On the next morning, the informant received a phone call from his mother informing that the dead body of Nitesh was lying in front of the Law College premises. Therefore, the informant lodged a report against the applicant and other co-accused. 4. Learned Counsel for the applicant submits that the only circumstance against the applicant is that he was seen lastly in the company of the deceased as they went together to watch a movie in the night of 22.10.2025. Apart from that, there is no circumstance which links the applicant with the alleged crime. He submits that even if the applicant failed to give explanation, it is for the prosecution to establish and complete chain of circumstances and therefore, considering this, the applicant cannot be kept behind the bars. 5. On the other hand, learned APP submits that the applicant along with other co-accused are accused of murdering deceased Nitesh Thakare. He submits that the applicant and others were working at pan shop of accused No.1 Sujit Ganvir. He submits 3 42. BA 1233 of 2026.odt that the accused persons had a strong motive to commit murder as the deceased was insisting for bonus from co-accused Sujit, however, he did not provide the same and therefore, accused Sujit Ganvir along with others murdered the deceased. He submits that the applicant is the maternal brother of the deceased. Therefore, considering the nature of allegations, it is for the applicant to explain that when he left the company of the deceased. Failure of any explanation by the applicant acts as incriminating circumstance against him. He, therefore, submits that there is a strong case against the applicant and prayed for rejection of the application. 6. Upon consideration of the submissions and on going through the record, it appears that the witnesses have specifically stated that on 22.10.2025, the applicant and the deceased went together to watch a move in the night. Apart from that, there are no other circumstances showing involvement of the applicant in the alleged offence of murder. Even motive which was brought on record is very weak and remote. Under such circumstances, I am of the considered opinion that merely on the basis of last seen theory, the applicant cannot put behind the bars for indefinite period. Hence, I am inclined to grant bail to the applicant. 7. In view of the above, following order is passed. 4 42. BA 1233 of 2026.odt ORDER i) The Criminal Application is allowed and disposed of. ii) The applicant/accused viz. Anil Rameshwar Bhonde, be released on bail in connection with Crime No.836 of 2025, dated 23.10.2025, registered with Police Station Ramnagar, Dist. Chandrapur, for the offences punishable under Sections 103(1), 61(2), 238, 326(f) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, on furnishing a P.R. Bond of Rs. 50,000/- (Rupees Fifty Thousand Only) 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 cancellation of bail. vi) Pending applications, if any, stand disposed of. 5 42. BA 1233 of 2026.odt 8. The observations 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.) asd