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2026 DAILYLAW 3969 (BOM)

KISHOR S/O SHANKAR PRADHAN v. THE STATE OF MAHARASHTRA THR PSO PS MIDC HINGNA NAGPUR CITY

APPP/2595/2026 · 2026-08-25

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Judgment text

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1 29 BA 1029.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1029/2026 (Kishor S/o. Shankar Pradhan Vs. The 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. A. Khadse, Advocate for the applicant. Mr. N. B. Jawade, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 25/08/2026. Heard. 2. By this application, the applicant is seeking bail in connection with Crime No.1028/2025 registered with Police Station MIDC, Hingna, Nagpur for the offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023. 3. Brief facts of the prosecution case are that on 26/10/2025 at about 2.00 p.m. accused met with Mohd. Kaifi Sheikh in panic condition and told that by means of Phawda (spade), he killed the deceased i.e. his wife. Thereafter, Mohd. Kaifi. Sheikh immediately rushed to the house of accused and noticed that deceased was lying on the bed covered with blood. He immediately rushed the deceased to Lata Mangeshkar Hospital. Further, it was 2 29 BA 1029.26 revealed that Accused informed Mohd. Kaifi Sheikh that his wife Rinki Pradhan was having illicit relations with a person named Karan Thakur. On 26/10/2025, Rinki was on call with Karan, therefore, in a fit of anger, he took Phawda and hit his wife's head. Based on this information, the first information report was registered. 4. The learned counsel for the applicant submits that the entire case is based on the extrajudicial confession made by the applicant to his employer. He submits that the allegations against the applicant are that he has committed the murder of his wife. The wife was having extra marital relations and on the day of incident she was talking on mobile phone with that person, because of this the applicant got annoyed and under the heat of anger, he inflicted a blow on the head of the deceased with the help of spade. Apart from the extrajudicial confession, there is no material on record. Considering the nature of allegations, the applicant be released on bail. 5. On the other hand, the learned APP submits that the first information report was registered by the police inspector on the say of the employer of the applicant. He 3 29 BA 1029.26 further submits that the dead body was found in the house of the applicant. The applicant has inflicted blow on the head of the deceased with the help of spade because of her extra marital affair, therefore after committing the murder of the deceased, he went to his employer and disclosed the fact of murder committed by him of his wife. Under such circumstances, he submits that there is ample material against the applicant, therefore the applicant may not be released on bail. 6. I have considered the rival submissions. It appears that on the say of the employer of the applicant, the first information report was registered. It further appears that the applicant has disclosed to his employer about commission of murder of his wife. The cause of death is head injury and the weapon was found on the spot itself. The spot of incident is the house of the applicant, where the dead body was found. Therefore, apart from this, there is no other material/circumstances against the applicant. However, so far as the extrajudicial confession and finding of dead body is concerned, it would be dealt by the Trial Court. Considering the nature of allegations, I am of the considered opinion that the applicant can be released on 4 29 BA 1029.26 bail as the applicant is behind bars since 27/10/2025, investigation is over and charge-sheet is filed, hence the following order:- ORDER (i) Criminal application is allowed and disposed of. (ii) The applicant/accused Kishor S/o. Shankar Pradhan be released on regular bail in connection with Crime No.1028/2025 registered with Police Station MIDC, Hingna, Nagpur for the offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 on his furnishing P.R. Bond of Rs. 25,000/- with one surety 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. (v) The applicant/accused shall attend each and every date of trial regularly. If he fails to attend the trial for two consecutive dates or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. 5 29 BA 1029.26 7. Pending application, if any, stands disposed of accordingly. 8. The observations 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: 25/08/2026 18:44:15