1 32-Cr.BA-1206-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1206 OF 2026 Hemraj S/o. Chaitram Rahangdale -- 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. N.R. Tekade, Advocate for the Applicant. Mr. H.D. Marathe, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : OCTOBER 05, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.242/2026 for the offences punishable under Sections 103(1), 61(2), 351(3) and 238(A) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Goregaon, District Gondia. 3. The prosecution case, as stated in the First Information Report (F.I.R.), is that the informant, Vimla Ussen Rehangdale, alleged that her husband Ussen Rehangdale had an ongoing dispute with present applicant regarding a house site since 2021 and that present applicant had allegedly threatened to kill her husband on 10/04/2026. On Piyush Mahajan 2026:BHC-NAG:13157 2 32-Cr.BA-1206-2026 18/04/2026, Ussen left for the agricultural field at about 6:00 a.m. and was later found lying near the tank embankment with an injury on his neck. He had allegedly been assaulted with an unknown weapon by an unknown person, resulting in his death. Based on these allegations, the First Information Report came to be registered. 4. The learned counsel for the applicant submits that though, in the First Information Report, the motive is attributed to the present applicant, apart from that there is no material on record in order to connect the applicant with the alleged crime. Only on the basis of the memorandum statement of another accused, the applicant has been falsely implicated in the crime. Therefore, he prays to grant bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that the applicant was having a motive to kill the deceased, as there was a dispute between them in respect of the house property. He further submits that, in the memorandum of co-accused Rahul Kumbhare, it has been disclosed that the deceased was to be killed at the spot. The other co-accused are friends of the son of the applicant, and therefore, the Piyush Mahajan 3 32-Cr.BA-1206-2026 applicant does not deserve to be granted bail, as the applicant was having motive to kill the deceased. 6. Upon consideration of the submissions of both sides, prima facie, it appears that, apart from the motive, there is no other legal material against the applicant. As submitted by the learned A.P.P., the name of the present applicant appears in the memorandum recorded under Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023, however, the learned A.P.P. was not able to point out any other circumstance which could be said to connect the applicant with the alleged crime. Even the learned A.P.P. has conceded to the fact that, except for the motive and the memorandum statement of co- accused - Rahul, there are no other circumstances. Under such circumstances, in my opinion, the applicant has made out a case for grant of bail on imposition of stringent conditions. Hence, the following order: O R D E R (i) The Criminal Application is allowed; (ii) The applicant/accused (Hemraj S/o. Chaitram Rahangdale) be released on regular bail in connection with Crime No.242/2026 for the offences punishable under Piyush Mahajan 4 32-Cr.BA-1206-2026 Sections 103(1), 61(2), 351(3) and 238(A) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Goregaon, District Gondia, 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 32-Cr.BA-1206-2026 (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: 05/10/2026 18:10:23