1 51-Cr.BA-1059-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1059 OF 2026 Deepak Ishwar Tayade -- VERSUS -- State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. R.M. Daga, Advocate for the Applicant. Mr. H.R. Dhumale, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 27, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.14/2026 for the offences punishable under Sections 103(1), 61(2) and 126(2) of the Bharatiya Nyaya Sanhita, 1860, registered with Police Station Kholapuri Gate, District Amravati. 3. As per the First Information Report, the informant stated that on 11/01/2026 at about 12:30 p.m., his minor son Nayan Narendra Vaydhane was allegedly intercepted at Gandhi Ashram, Amravati, by accused Deepak Ishwar Tayde, Sagar Ishwar Tayde and three unidentified women. It was alleged that, in connection with Nayan’s alleged relationship with the accused’s niece, the accused assaulted him with a Piyush Mahajan 2026:BHC-NAG:11205 2 51-Cr.BA-1059-2026 knife, causing injuries to his back, left thigh and head. Nayan was thereafter taken to Irwin Hospital, where he was declared dead. On the basis of the said information, the F.I.R. came to be registered. 4. The learned counsel for the applicant submits that the deceased was in the habit of harassing the girl on the pretext that he was in love with her. On 01/07/2025, when the procession of Annabhau Sathe Jayanti was going on, the deceased participated in the said procession and started dancing with the girls and women. At that time, the deceased caught hold of the hand of the victim, however, she resisted the deceased. Accordingly, the persons gathered there rescued the victim from the clutches of the deceased. The main incident of murder of the deceased took place on 11/01/2026, the deceased was caught by some of the women, and thereafter, the applicant caught hold of the hair of the deceased, while one Sagar Tayade inflicted a blow on the deceased with the help of knife. The learned counsel further submits that the deceased was harassing the victim, annoyed by that, the persons in the vicinity caught hold of the deceased and murdered him. The nature of the allegations and the background in which the offence was committed, is an important fact which is necessary to be Piyush Mahajan 3 51-Cr.BA-1059-2026 considered. He further submits that the applicant has not inflicted any injury on the deceased, as could be gathered from the statement of one Raj Dhawane, and the role attributed to the applicant is only to the extent of pulling the hair of the deceased, and therefore, he submits that, considering the limited role of the applicant, the applicant be released on bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and invited my attention to the First Information Report lodged by the father of the deceased, wherein it is specifically stated that the deceased was having a love affair with the victim and that the said relationship was disliked by the parents and other family members of the victim. He further submits that this is a case of honour killing. He further invited my attention to the statement of the eyewitness, wherein, according to the learned A.P.P., all the accused persons have participated and were actively involved in the crime, including the present applicant, who caught hold of the hair of the deceased, and thereafter, one Sagar inflicted a blow on the deceased with the help of a knife. The murder is brutal, as many as 12 injuries were inflicted on the deceased, and the cause of death was shown as “Hemorrhagic shock following Piyush Mahajan 4 51-Cr.BA-1059-2026 multiple injuries”, and therefore, he submits that, considering the nature of the allegations, the applicant may not be released on bail. He further submits that there are criminal antecedents against the applicant, which can be gathered from the memo of application itself, wherein, in paragraph No.12, total 5 offences are shown. To this, the learned counsel for the applicant submits that the applicant was already acquitted in 3 crimes and 2 crimes are pending, out of which one is registered under Section 326 of the IPC. However, he submits that the said offence was registered long back in the year 2024. Merely because the offences are registered against the applicant, that by itself will not preclude this Court from considering the bail application. 6. I have considered the submissions of both the sides. Apparently, it appears, after going through the statement of the victim, that the deceased was consistently harassing the victim. It further appears that the harassment was to such an extent that she had left the school. It further appears that on 01/07/2025 also, when the procession of Annabhau Sathe Jayanti was going on, at that time, the victim and her family members participated in the said procession and the deceased came in the Piyush Mahajan 5 51-Cr.BA-1059-2026 said procession and started dancing with the girls and women. It further appears that, at the relevant time, he had caught hold of the hand of the victim, however, she was rescued by her family members and other persons who were present in the procession. After the incident dated 01/07/2025, the main incident occurred on 11/01/2026, wherein, when the deceased went into the vicinity of the victim, at that time, three women caught hold of the deceased, the present applicant pulled the hair of the deceased, and Sagar Tayade inflicted blows with the help of knife on various parts of the body of the deceased. It is to be noted that, so far as the role of the applicant is concerned, it appears from the statement of the eyewitness that the applicant had pulled the hair of the deceased, however, no role of inflicting blow on the deceased was attributed to the applicant. Considering the nature of the allegations, I am of the considered opinion that further custody of the applicant would not be required. The applicant can be granted bail by imposing stringent conditions. Hence, the following order: O R D E R (i) The Criminal Application is allowed; Piyush Mahajan 6 51-Cr.BA-1059-2026 (ii) The applicant/accused (Deepak Ishwar Tayade) be released on regular bail in connection with Crime No.14/2026 for the offences punishable under Sections 103(1), 61(2) and 126(2) of the Bharatiya Nyaya Sanhita, 1860, registered with Police Station Kholapuri Gate, District Amravati, on her furnishing a P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent 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 applicant shall not enter the vicinity of Mahajanpura, Amravati, as well as Kholapuri Gate, Amravati; (v) The accused shall provide his residential address and cell number to the Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency; (vi) Once the trial commences, the accused shall attend each and every date of trial regularly. If he fails to attend the trial subject to genuine reason to the satisfaction of trial court, Piyush Mahajan 7 51-Cr.BA-1059-2026 or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail; (vii) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same. (viii) Pending Misc. Application(s), if any, also stand disposed of [ M.M. NERLIKAR, J ] Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 28/08/2026 11:45:25