Order 100726ba762.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO.762 OF 2026. Prashant Harishchandra Mahajan -VERSUS- State of Maharashtra. Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri A.S. Shukla, Advocate for the Applicant. Shri N.B. Jawade, A.P.P. for the Non-applicant. Shri S.S. Ali, Advocate Assisting Prosecution. CORAM : M.M. NERLIKAR, J. DATE : JULY 10, 2026. Heard. 2. The applicant came to be arrested in connection with Crime No.32/2026 registered with Pathrot Police Station, Amravati Rural for the offences punishable under Sections 103[1] and 238 of the Bharatiya Nyaya Sanhita, 2023 (BNS). Charge sheet came to be filed and Sections 61[1] and 3[5] of the BNS came to be added. 3. The First Information Report came to be lodged by ASI Ravindra Shimpi, alleging that on 11.02.2026 at about 9 Rgd. 2026:BHC-NAG:8800 Order 100726ba762.26 2 a.m. he received a call from Police Patil of Gram Waghdoh, that a burnt body of an unidentified person is found in the field on Waghdoh – Khadegaon road. When he reached the spot he found that near Shanur Canal an unidentified person’s burnt body was lying, and nearby there were tyre marks of a four wheeler. Hence, the report. On completing the investigation, charge sheet is filed against the accused persons. 4. The learned Counsel appearing for the applicant submits that the allegations against the applicant is of hatching conspiracy with his son to eiminate the deceased . The prosecution has alleged that after hatching conspiracy, his son and other assailants have taken the deceased Shaharukh at various places and beaten him, and they have burnt his body at Lehgaon Canal, Taluq Pathrot, District Amravati. The learned Counsel for the applicant submits that the statement of one Akshay Ramesh Sapkal is most important, wherein it is alleged that on 10.02.2026, the deceased went to the house of the applicant and asked for extortion money. As the applicant was fed up with the demands of the deceased, he has hatched a Rgd. Order 100726ba762.26 3 conspiracy along with his son and accordingly the deceased was eliminated. On perusal of his statement it shows that the said statement cannot be accepted or believed since it was recorded on 01.03.2026 i.e. almost after 20 days of the incident. Even if the missing report, which was filed by the brother of the deceased is taken into consideration, nothing is mentioned in the said report about alleged narrated facts by Akshay on 10.02.2026, as Akshay had been with the brother of the deceased while lodging the report at the police station. Apart from that, merely on the basis of CDR, the applicant cannot be connected with the crime. He further submits that admittedly it appears from the record that there are calls between the applicant and one Vishwajeet Motghare, who is amongst the main assailants, and in absence of any corroborative evidence, the applicant cannot be roped in the alleged crime of murder of deceased Shaharuk, and he be released on bail. It is also submitted by the applicant that one does not know whether the body which was recovered is of Shaharukh or not. 5. On the other hand, the learned A.P.P. and learned Rgd. Order 100726ba762.26 4 Counsel Assisting Prosecution, vehemently oppose the application by stating that, there is motive on the part of the applicant to commit murder of the deceased. They submit that statement of Akshay had thrown light on the entire episode. On 10.02.2026 the deceased went to the house of applicant and demanded money, annoyed by the consistent demand of money by the deceased, the applicant along with his son Tinkesh planned to eliminate the deceased, and therefore, it is their submission that since Akshay, who is a witness, has thrown light on the said aspect, it is the applicant who could be said to be the main conspirator. Apart from that to support these facts, they have relied on the CDR of the applicant, wherein 3 calls were made to son and 7-8 calls were made to one of the assailants namely Vishwajeet Motghare. It is submitted that DNA samples have been taken and are forwarded for Forensic Analysis, and since the death is a homicidal death, the applicant is having motive to kill the deceased, his prayer for enlarging on bail cannot be considered, and his application needs to be rejected. 6. I have heard the rival submissions of the parties and Rgd. Order 100726ba762.26 5 gone through the material placed on record. The body was found in burnt condition at Lehgaon Canal, Taluq Pathrot, District Amravati. It appears that the dead body cannot be identified by naked eyes, however, it appears that DNA samples are forwarded to Forensic Science Laboratory and the report is awaited. Be that as it may, it is assumed that the dead body is of Shaharukh. The statement of Akshay recorded on 01.03.2026, shows a story of demand of money by the deceased and certain events which had transpired on that day i.e. 10.02.2026. Perusal of the later part of the statement goes to show that he has called Tinkesh, son of the applicant and enquired whereabouts of the deceased, however, Tinkesh declined to tell anything, and then they told Tinkesh that they are going to the police station for lodging report against him. However, in the missing report dated 10.03.2026 nothing has been mentioned which Akshay has stated in the statement recorded on 01.03.2026. Infact Akshay and brother of the deceased went to the police station together for lodging report. The facts which are narrated in the statement on 01.03.2026 does not find place in the missing report. In such Rgd. Order 100726ba762.26 6 circumstances, it is very difficult to believe the statement of Akshay. So far as the CDR is concerned, there is no supportive evidence in respect of involvement of the applicant, so far as hatching of conspiracy to kill the deceased person is concerned. In such circumstances, considering the nature of allegations and material collected by the prosecuting agency, I am inclined to grant bail to the applicant. Hence the following order : ORDER (i) Criminal Application is allowed and disposed of. (ii) The applicant/accused Prashant Harishchanda Mahajan be released on regular bail in connection with Crime No.32/2026 registered with Pathrot Police Station, Amravati Rural for the offences punishable under Sections 103[1], 238, 61[1] and 3[5] of the Bharatiya Nyaya Sanhita, 2023 on his furnishing P.R. bond of Rs.50,000/- with two sureties in the like amount. (iii) The accused shall not enter within the territorial jurisdiction where the informant is residing, till the completion of the trial. (iv) The accused shall not directly or indirectly make any inducement, threat or promise to any person Rgd. Order 100726ba762.26 7 acquainted with the facts of the case, as also shall not tamper with the evidence. (v) The accused shall provide his residential address and cell number to Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency. (vi) 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. (vii) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial. (viii) Misc. Applications, if any, are also disposed of. JUDGE Rgd.