Order 1 151026ba1262.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 1262 OF 2026. Aniket Samadhan Ghaywat -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. Mardikar, Senior Advocate with Shri K. Pande, Advocate for the Applicant. Shri N.B. Jawade, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : OCTOBER 15, 2026. Heard learned Counsel for the parties. 2. The applicant came to be arrested in connection with Crime No.174/2026 registered with Buldhana Rural Police Station, District Buldhana, for the offences punishable under Sections 103, 103[2] 238, 239 and 212 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The first information report came to be lodged by Gajanan Kakde, Police Head Constable alleging that in view Rgd. 2026:BHC-NAG:13944 Order 2 151026ba1262.26 of the missing report lodged on 09.05.2026, the police team visited the spot on 17.05.2026 and on suspicion, interrogated the accused, who informed them that on 07.05.2026 his father, along with his friends was having party at their residence and were consuming meat and drinking liquor. At midnight i.e. 12 o’clock, his father woke up and asked the applicant to bring liquor. The applicant explained to his father that they belong to Mahanubhav panth and therefore, eating meat and drinking liquor was prohibited. On this his father assaulted the applicant with wooden stick. The applicant in a fit of anger, gave a blow with his leg on private part of his father, which resulted in his death. The applicant took the dead body of his father to their agricultural field and burnt the same there only. 5. The learned Senior Counsel submits that initially the applicant has lodged a missing report with the police stating that his father had been is missing since 08.05.2026. During investigation, it transpired that it is the applicant who has committed murder of his father. First information report was registered on the basis of the confession made by the applicant himself. The learned Senior Counsel submits Rgd. Order 3 151026ba1262.26 that the said confession is inadmissible, and that, even if the story narrated in the confessional statement is acceptd as true, still Section 103 of the BNS would not be attracted. The allegations against the applicant are that, on 07.05.2026, at about 10 p.m. his father had a party with his friends, during which they consumed liquor and ate meat. This was not liked by the applicant, as they belonged to Mahanubhav Panth. It is alleged that at 12 O’clock, the deceased woke up and demanded liquor from the applicant, however, the applicant explained to the deceased that he should not eat meat or consume liquor. Annoyed by this, the deceased assaulted the applicant, and in turn the applicant has given one blow on private part of his father, resulting in his death. It is the contention of the learned Senior Counsel, that considering the material on record, there is absolutely no material to show that the applicant has committed the offence. The confessional statement cannot be relied on, and therefore, considering the nature of allegations, the applicant deserves to be granted bail. 6. On the other hand, the learned A.P.P. vehemently opposed the application by contending that the applicant Rgd. Order 4 151026ba1262.26 has created a scene by lodging missing report. The conduct of applicant itself is sufficient to indicate that it was the applicant who committed the offence. He submits that on 07.05.2026 in the midnight the incident has occurred, thereafter the applicant has carried the dead body and burnt it in his field. After the confessional statement, the Forensic team visited the spot on 17.05.2026 and recovered bones and ashes from the field. The same were forwarded to the laboratory for DNA testing. In such circumstances, considering the seriousness of the crime, the applicant does not deserve to be granted bail. 7. Upon consideration of the submissions of both sides, apparently it appears that initially a missing report was lodged by the applicant. It further appears that on 17.05.2026, confessional statement was made during enquiry, wherein the applicant disclosed that on 07.05.2026, after partying with his friends, the deceased had gone for sleep. However, at 12 o’clock, he woke up and demanded liquor from the applicant. The applicant told his father that, since they belonged to Mahanubhav Panth, drinking liquor or eating meat was prohibited. Thereupon Rgd. Order 5 151026ba1262.26 his father got annoyed and tried to assault the applicant, in turn the applicant appears to have given blow on private part of his father, as a result of which he died. Apart from this, there is nothing on record to show that the applicant has committed the murder. It is to be noted that so far as the applicant’s conduct is concerned, the same can be examined at the time of trial. Therefore, considering the fact that there are no connecting circumstances to establish that the applicant, has committed murder of his father, I am inclined to grant him bail. Hence, the following order. ORDER (i) Criminal Application is allowed and disposed of. (ii) The applicant /accused Aniket Samadhan Ghaywat be released on regular bail in connection with Crime No.174/2026 registered with Buldhana Rural Police Station, District Buldhana, for the offences punishable under Sections 103, 103[1], 238, 239 and 212 of the Bharatiya Nyaya Sanhita, 2023 (BNS) 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 Rgd. Order 6 151026ba1262.26 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 Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency. (v) 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 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. (vii) Misc. Applications, if any, are also disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 16/10/2026 16:40:03