BA-1217-2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1217 OF 2026 SANJAY S/O RATANSING PATALE VERSUS THE STATE OF MAHARASHTRA THROUGH MHASAWAD POLICE STATION ….. Mr. G. J. Pahilwan, Advocate for the Applicant. Mrs. Ashlesha S. Deshmukh, APP for Respondent-State. ..... CORAM : ABHAY S. WAGHWASE, J. Reserved on : 06.07.2026 Pronounced on : 07.07.2026 ORDER : 1. Applicant seeks grant of regular bail on account of his arrest in crime no. 001 of 2026 of registered at Mhasawad Police Station, District Nandurbar for offence punishable under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita (BNS). 2. Pointing to the date of arrest as 03.01.2026, learned counsel submitted that applicant is shown as accused no.3. That, initial FIR was against unknown person for committing offence for unknown reasons. That, there are allegations of throttling. That, though TI parade is conducted, applicant is not identified. That investigation is over and chargesheet is already filed. That, witness Ramesh Vasawe claims to have seen applicant in the torch light in the pitch dark of the 2026:BHC-AUG:26398 BA-1217-2026 -2- night. That, applicant has no connection with the deceased. That witnesses have hearsay information and there is no cogent and reliable evidence. That, initially AD was registered. Now investigation being over and chargesheet being filed, according to learned counsel, no purpose would be served by further detention of the applicant. 3. Learned APP opposed on the ground that, investigation revealed that serious offence of murder is committed. That, there was some quarrel in the backdrop of money transaction. That, there is death due to throttling. That, applicant is likely to misuse liberty and for above reasons, bail is opposed. 4. Perused the papers. FIR dated 02.01.2026 is by Shakil Popat Patle and he reported that on 30.12.2025 he received message that in the sugarcane crop of one Dipak Girase, his brother Vinod was found dead. After getting postmortem done and on receiving opinion about death due to asphyxia due to throttling, he reported police about murder of his brother by unknown persons for unknown reasons. 5. There seems to be statement of one Ramesh recorded on 03.01.2026 wherein he stated that, on 29.12.2025 around 3.00 a.m. when he was returning from his field to his house, he happened to see BA-1217-2026 -3- one white Cruiser vehicle parked near his house and he further claims to have seen Dharamsing @ Damnya Rehanjya Kharde, his wife Rikshabai and their son Sambarsing and present applicant Sanjay in the torch light and at that time, Dharamsing allegedly abused him in filthy language and therefore he went away. He claims that, on 30.12.2025 in the afternoon he learnt that, son in law of Dharamsing was found lying in the field of Dipak Girase. He further reported that Police Patil called him on 03.01.2026 to ask him if he knew anything about the murder, upon which he narrated the incidence which he witnessed on the night of 29.12.2025 while returning from the field and accordingly, Sarpanch passed the said information to police. 6. Thus, apparently, though this person Ramesh had seen present applicant Sanjay, he has not reported to police immediately on 30.12.2025 when there were talks in the village about murder of son- in-law of Dharamsing. There is no direct evidence and case seems to be based on circumstantial evidence. Learned APP, though submitted that alleged murder is in the backdrop of some money transaction, she could not satisfy as to what was the exact nature of transaction. Now investigation is over and chargesheet is filed. Charge is said to be not yet framed and therefore there is uncertainty over the process of trial. In the light of above discussion, applicant deserves the relief as BA-1217-2026 -4- prayed. Hence, I proceed to pass the following order: ORDER I. The application is allowed. II. Applicant SANJAY S/O RATANSING PATALE be released on bail in connection with Crime No. 001 of 2026 registered at Mhasawad Police Station, District Nandurbar, on executing Personal Bond of Rs. 15,000/- with one surety in the like amount, on the following conditions : [a] The applicant shall not tamper prosecution evidence. [b] The applicant shall not enter the village Shrikhed, taluka Shahada District Nandurbar till conclusion of trial. [c] The applicant shall regularly attend each and every effective date before the trial court. III. The application is accordingly disposed off. [ABHAY S. WAGHWASE, J.] vre