1 15.ba.656.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO. 656 OF 2026 Rahul s/o Sharabjeet Gautam ..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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Advocate Sunita S. Kulkarni for the applicant. Shri U.R. Phasate, APP for the non-applicant/State. CORAM: M.M. NERLIKAR, J. DATE : 31.07.2026. Heard. 2. By way of this application, the applicant is seeking bail in connection with Crime No.402 of 2025 registered with Police Station Kondhali, District Nagpur for the offence punishable under Sections 103(1), 268, 61(2), 49, 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Brief facts of the prosecution story are that on 30.07.2025 deceased Makkhansingh Ranjitsingh Bawari had gone on his motorcycle to the market to bring medicine for his wife and mother. When his family tried to contact him, his phone was switched off. Therefore, his family members started searching him and as they were unable to trace him, his wife lodged the report at Police Station Kondhali on 31.07.2025. Thereafter some unknown person informed that one motorcycle was lying on the Rahati-Kajali Road. When the brother of deceased went there, they found the motorcycle and after conducting search, dead body of the deceased was found on 01.08.2025 adjacent to the drain near Borgaon 2026:BHC-NAG:9871 2 15.ba.656.2026 Dargah. Information about the same was given to Police Station who visited the spot and found fatal injuries by sharp edged weapon on the abdominal part of the deceased and his intestine protruded out. Accordingly, FIR was registered. 4. Learned Counsel for the applicant submits that the applicant was last seen in the company of the deceased on 30.07.2025 between 7.53 till 8.40 p.m. He further submits that the dead body was found on 01.08.2025 at about 12.00 p.m. Under such circumstances, since there is no time of death mentioned anywhere, it cannot be said that there is proximity between the last seen together and the finding of the dead body. Even the weapon, which was recovered at the behest of the applicant does not have blood stains. The prosecution has also failed to call the CDR report and no motive is attributed on the part of the applicant to kill the deceased. One of the co-accused against whom the motive has been alleged, has already been released on bail and therefore, the applicant also prayed to be enlarged on bail. 5. On the other hand, learned APP vehemently opposed the application on the ground that accused no.1 Chandrabhan @ Chunnilal Chaudhary was released on bail by this Court on the basis of the fact that there is no incriminating circumstances against him except motive. He was neither last seen in the company of the deceased nor there was recovery of any weapon or blood stained clothes and therefore, this Court had released the co- accused Chandrabhan. Accused no.1 Chandrabhan had 3 15.ba.656.2026 borrowed Rs.3,80,000/- from the deceased. The applicant and co-accused are the employees of accused no. 1 and as there was outstanding amount against the applicant and other co-accused belonging to accused no.1, he told them that he will waive the said amount if they eliminate the deceased and therefore, the murder was committed. Apart from that CCTV footages were collected from 5 spots, wherein the applicant along with other co-accused was seen in the company of the deceased. Thereafter, nobody has seen the deceased. Apart from that there is recovery of weapon, which was used for commission of the crime. The said weapon though seized in the seizure panchanama, there are no blood stains, however when the examination was done by the forensic team, it was noticed that that blood was of the deceased on the weapon, which could be gathered from the CA report. There is also injury on the applicant for which a query was made to the Doctor, whether the said injury on the applicant was possible by the weapon, which was seized from the applicant, and a positive report has been received from the Expert. So far as the clothes which were seized at the behest of the another co-accused Riyaz Ali including clothes of the present applicant are concerned blood stains were found and was matched with the blood of the deceased. Therefore, since there are more than sufficient evidence against the applicant, the bail is prayed to be rejected. 6. I have considered the rival submissions and perused the record. It is not in dispute that the dead body was found on 01.08.2025 at about 12.00 p.m. It is also not in dispute that the deceased was last seen in the 4 15.ba.656.2026 company of the present applicant and co-accused Riyaz Ali on 30.07.2025 between 7.53 till 8.40 approx. Thereafter, no-one has seen the deceased. Though there is no specific time of death of the deceased mentioned in the postmortem report however that by itself is not sufficient to release the applicant on bail. As was contended by the learned APP that blood stained clothes, injury on the hand of the applicant, opinion of the doctor about the injury of the applicant, recovery of weapon at the behest of the applicant, matching of blood group with the incriminating article of deceased, CCTV footage collected by the Investigating Officer from different places unequivocally show involvement of the applicant, under such circumstances, in my considered opinion, this is not a fit case to enlarge the applicant on bail since the crime committed by the applicant is premeditated murder. The injuries shown in the postmortem report are serious in nature and nine in numbers, which are caused by the weapon which was recovered at the behest of the applicant. 7. Hence, the application stands rejected. (M.M. NERLIKAR , J. ) Trupti