BA.3227.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3227 OF 2026 Pradip Balram Garai .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Harsh Kashyap, Advocate for Applicant.  Mr. Yogesh M. Nathwa, APP for Respondent – State. ......…........... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 20, 2026 P.C.: 1. Heard Mr. Kashyap, learned Advocate for Applicant and Mr. Yogesh M. Nathwa learned APP for Respondent – State. 2. Applicant is arraigned as sole accused in an offence punishable under Section 302 of the Indian Penal Code, 1860 in connection with FIR bearing CR. No.40 of 2023. Complaint is lodged against an unknown person by the landlord of the premises when he found the deceased tenant lying in a pool of blood on 21.01.2023. 3. During the course of investigation, it came to light that the first wife of Applicant had passed away in 2015 due to cancer. Applicant had a son from his first wife who was studying along with another boy called Sian whose mother Tanushri Chand was a divorcee. 4. Tanushri Chand and the Applicant used to frequently meet 1 of 5 BA.3227.2026.doc each other and their friendship gradually transformed into a love affair. Subsequently, Applicant and Tanushri Chand solemnized their marriage. Applicant and Tanushri along with their two children resided together at Ubale Nagar. Tanushri's son Sian used to visit his father (deceased victim Sushant Anil Karamkar) and he used to pay for Sian's education. Applicant objected to Sian visiting his father and therefore several quarrels would occur between Applicant and Tanushri. 5. Case of prosecution in arresting Applicant is that Applicant suspected infidelity between Tanushri and deceased victim Sushant Karmakar. On 13.01.2023, Tanushri and Applicant had another quarrel after which she and Sian left Applicant’s house and they both began started residing separately at Wanawadi. 6. Deceased Sushant Karmakar first husband of Tanushri was murdered by unknown person on 21.01.2023. Case of the prosecution is based upon the CCTV footage obtained from a nearby medical store which shows that some person in the CCTV footage moved suspiciously and transferred a knife like weapon from his bag into his pocket. This identification of the suspect was made by Tanushri on watching the CCTV footage. She has indicted the Applicant who is her second husband for committing the murder of her first husband. 7. Save and except CCTV footage there is no other material to indict the Applicant. There is no direct evidence. The evidence is 2 of 5 BA.3227.2026.doc circumstantial. Statement of Tanushri is appended at page No.42. All that it states is that Applicant is travelling on motorcycle near the building of Sushant Karmakar where he was residing. Save and except this statement, there is nothing more to pin point the role of the Applicant. The Applicant’s case is that on account of marital discord with Tanushri the Applicant is framed. Prima facie the evidence shown against the Applicant is based on the CCTV footage only. At this stage, the material on record does not make out a prima facie case against the Applicant as the merits thereof will be adjudicated during trial. Mere suspicion without concrete evidence cannot take the place of certainty. 8. Hence, Bail Application is allowed subject to the following terms and conditions:- (i) Applicant is directed to be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount; (ii) Applicant is permitted to furnish provisional cash bail of Rs.25,000/- for his release immediately and file undertaking that he will provide one or two sureties in the like amount of Rs.25,000/- within a period of four weeks after his release which shall be accepted by the Trial Court. Applicant shall provide surety as directed; 3 of 5 BA.3227.2026.doc (iii) Before his actual release from jail, Applicant shall furnish his address where he proposes to reside after his release from jail to the concerned Police Station and also to the trial Court; (iv) After his release from jail, Applicant shall report to the Investigating Officer as and when called for; (v) Applicant shall attend the trial Court on first Tuesday of every month between 11.00 a.m. and 1.00 p.m. to mark his presence. If the first Tuesday of the said month falls on a holiday and / or non Court working day, the Applicant shall mark presence on the next working day; (vi) Applicant shall co-operate with the conduct of trial and attend the trial Court on all dates unless specifically exempted and will not take any unnecessary adjournments, if he does so, it will entitle the prosecution to apply for cancellation of this order; (vii) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (viii) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; and (ix) In case of any infraction of the above conditions and / 4 of 5 BA.3227.2026.doc or two consecutive defaults in marking his attendance before trial Court, it shall attract the provisions of Section 492 of BNSS i.e. for cancellation of bail. 9. It is clarified that the observations made in this order are limited for the purpose of granting Bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made herein above in this order. 10. Bail Application is allowed and disposed. [ MILIND N. JADHAV, J. ] Ajay 5 of 5 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.08.20 11:36:40 +0530