1 34 BA 1019.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1019/2026 (Shubham Raju Bhadke 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.M. Daga, Advocate for applicant. Mr. N.R. Rode, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 06/10/2026. Heard. [ 2. By this application, the applicant is seeking bail in connection with Crime No.11/2026 registered with Police Station Chandrapur (City), Dist. Chandrapur for the offences punishable under Sections 109(1) and 103(1) of Bharatiya Nyaya Sanhita. 3. Brief facts of the prosecution case are that the informant in her first information report has alleged that granddaughter Diksha was married to the applicant and living with him since last 5 years. On 05/01/2026 at around 09:00 p.m. the informant returned back to her house and saw that the door was closed from outside. When she opened the door and went inside, she found her granddaughter Diksha lying in a burnt condition. While 2 34 BA 1019.26 taking her to the hospital, deceased Diksha had informed the informant that the present applicant i.e. Shubham Bhadke burnt her. On the basis of these allegation, the First Information Report was registered. 4. The learned counsel for the applicant submits that the incident took place on 05/01/2026 between 8 to 9 p.m. It is alleged in the first information report which was lodged by the grand-mother of the deceased that due to marital discord, the applicant has killed the deceased by setting her on fire. According to the learned counsel the deceased died on 06/01/2026 at about 06.00 p.m. In the hospital the history given by the neighbours and grand- mother was accidental burns due to hot oil on 05/01/2025 at about 11.30 p.m. at home. There are statements of neighbors which show that the deceased disclosed to them that she died due to accidental burns. The brother of the deceased Deepak in his statement claimed that he had recorded the dying declaration of the deceased in his mobile on 06/01/2026 between 12.30 and 01.30 p.m., wherein the deceased had disclosed that the applicant had ignited her sari and accordingly she has sustained burn injuries. The learned counsel submits that neither the 3 34 BA 1019.26 mobile was seized by the investigating officer nor there is other material showing that such a recording is available. Only the transcript along with Panchanama is produced on record in order to show that the brother of the deceased Deepak had recorded the said dying declaration of the victim, wherein she has disclosed that it is the applicant who had set her sari on fire due to which she sustained burn injuries. Even he submits that there is no Section 65B certificate to substantiate the transcript. On 17/01/2026 one Panchanama was drawn showing that they have made the copy of the said dying declaration recording and it was uploaded in the pen drive. However, the brother had kept quiet for about 11 days as the incident occurred on 05/01/2026 and had not disclosed the said fact to anybody. Even the grand-mother was shown to have been present at the relevant time. Had it been a case that the said dying declaration was recorded in the mobile phone, then naturally it would have been reflected in the FIR which was lodged by the grand-mother on 06/01/2026 i.e. after the death of the deceased. He further questioned that when the primary evidence was available, why the police has chosen to take help of the secondary evidence. The 4 34 BA 1019.26 entire medical record shows that the deceased at the relevant time was on ventilator. He has invited my attention to various entries taken by the doctors at the relevant time showing either the deceased was unconscious or not in a fit condition to give any statement. In fact, she was not able to breathe properly at 11 am on 06/01/2025 and the doctor had suggested to put the trichromy tube for proper breathing. Under such circumstances, he submits that the story of the prosecution cannot be believed therefore, he prayed to grant bail. 5. On the other hand, the learned APP heavily relied on the oral dying declaration recorded by the brother of the deceased. He submits that the deceased had disclosed everything in the said dying declaration. She has specifically stated how the applicant had committed the offence. The applicant had set the sari of the deceased on fire and accordingly, the deceased sustained burn injuries. Not only that, the applicant had also closed the door of the home from outside so to prevent the deceased from coming outside. Under such circumstances, he submits that there is a strong prima facie case against the applicant, therefore, the applicant does not deserve to be granted bail. 5 34 BA 1019.26 6. Upon consideration of submissions of both sides, it appears that on 05/01/2026, the incident has occurred between 8 to 9 pm. It further appears that immediately she was shifted to the hospital by neighbours and the grand- mother of the deceased. In the hospital, the neighbours have disclosed that the burns were sustained due to accident i.e. hot oil. After perusal of the statements of the neighbours, i.e. Madhuri, Avinash and Shubham show that oral dying declaration was given to them also stating that the burns which were sustained by her were accidental burns and she has not taken the name of the present applicant. It is further to be noted that after going through the transcript of the oral dying declaration, though it appears that Deepak has recorded it in his mobile, however he has kept quiet for 11 days and even that mobile was not seized by the investigating officer. However, it appears that the copy was made in the pen drive. After going through the medical papers, it would reflect that the deceased was unconscious and not able to breathe properly and was advised to put the trichromy tube for proper breathing. Had it been a case that the victim had disclosed the oral dying declaration to Deepak, then that fact would 6 34 BA 1019.26 have found place in the first information report as the first information report was registered after the death of deceased. Considering all these factors, in my opinion, it is very difficult to accept the oral dying declaration recorded by Deepak. Under such circumstances, the applicant has made out a case for grant of bail. Hence, the following order:- ORDER (i) Criminal application is allowed and disposed of. (ii) The applicant/accused Shubham Raju Bhadke be released on bail in connection with Crime No.11/2026 registered with Police Station Chandrapur (City), Dist. Chandrapur for the offences punishable under Sections 109(1) and 103(1) of Bharatiya Nyaya Sanhita on his furnishing P.R. Bond of Rs. 50,000/- 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. 7 34 BA 1019.26 (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. 7. Pending application, if any, stands disposed of accordingly. 8. The observation 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.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 07/10/2026 10:40:27