1 38-Cr.BA-1060-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1060 OF 2026 Nandkishor @ Nandu Charandas Soyam -- 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. N.B. Rathod, Advocate for the Applicant. Mr. N.B. Jawade, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 01, 2026. Heard. 2. At the outset, the learned counsel for the applicant seeks permission to delete the name of non-applicant No. 2 from the title clause. 3. Permission granted. The name of non- applicant No. 2 shall be deleted forthwith. 4. The present application is filed seeking regular bail in Crime No.221/2025 for the offences punishable under Sections 103(1), 61(2), 238, 49 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Rajura, District Chandrapur. 5. As per the First Information Report lodged by the informant on 24/04/2025, between Piyush Mahajan 2026:BHC-NAG:11508 2 38-Cr.BA-1060-2026 9:30 to 10:00 p.m., the deceased Nitesh left the house on his motorcycle bearing registration No.MH-34-AE-6328, stating that Nandu Soyam had called him for a party. On 25/04/2025, at about 6:00 a.m., the informant was informed that Nitesh was found dead near village Sumthana, lying on the roadside along with his motorcycle, with an injury to the back of his head. The informant suspected that Nandu Soyam murdered Nitesh, allegedly due to his relationship with Ashwini, and accordingly lodged the F.I.R. 6. The learned counsel for the applicant submits that in the entire charge-sheet, apart from the motive, there is nothing against the applicant. It is alleged that the applicant was having relations with the wife of the deceased, Nitesh due to which he has committed the murder of the deceased, however, in order to connect the applicant with the alleged crime, the material collected by the Investigating Officer is not sufficient, and therefore, under such circumstances, the applicant deserves to be granted bail, as the applicant is in jail since 25/04/2025. 7. On the other hand, the learned A.P.P. vehemently opposes the application and submits that there is sufficient material against the applicant. He submits that there is a strong motive to commit the Piyush Mahajan 3 38-Cr.BA-1060-2026 murder of the deceased, since the applicant was having a relationship with the wife of the deceased. On the day of the incident, at about 09:51 p.m., the applicant called the deceased, in the F.I.R. itself, the father has narrated that the deceased received the phone call from the applicant, and accordingly, he left the house to meet the applicant. Under such circumstances, the presumption under Section 109 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) would be attracted as what happned is within the special knowledge of the applicant which has not been rebutted by him, and therefore, an adverse inference can be drawn. To support the case of the prosecution, the prosecution has collected the CDR report, wherein it is crystal clear that the applicant called the deceased at about 21:51 hours. He further submits that under Section 23(2) of the BSA, recovery was made and a weapon, i.e., an iron rod, was recovered at the behest of the applicant. He further submits that blood was found on the iron rod. The cause of death was shown as traumatic injury to the head and injury to a vital organ. He further invited my attention to the various statements wherein, according to the learned A.P.P., some liquor bottles were seized from the spot. Those liquor bottles were used by the applicant, as could be gathered from the statement of one of the witnesses, who has Piyush Mahajan 4 38-Cr.BA-1060-2026 specifically stated that he provided liquor bottles to the applicant. Under such circumstances, he submits that when there is clinching material against the applicant, the applicant does not deserve to be granted bail. 8. I have considered the rival submissions. It appears that, prima facie, so far as the motive is concerned, the applicant was having a relationship with the wife of the deceased, which could be gathered from several statements. So far as the CDR report is concerned, it appears that the applicant has called the deceased at about 21:51 hours and asked him to come. Even this fact can be gathered from the FIR also, which was registered by the father. However, it is to be noted that whether the deceased was there in the company of the applicant or not is a moot question. In the entire charge-sheet, there is not a single witness who has seen the deceased in the company of the applicant. It is further to be noted that, so far as the finding of the dead body is concerned, it is on the road, and the offence was committed at a spot located 50 meters inside from the place where the dead body was found. This location was shown by the applicant himself. From the said spot, some blood-mixed soil as well as liquor bottles and other incriminating articles were seized. Piyush Mahajan 5 38-Cr.BA-1060-2026 However, it is not clear whether the applicant was present at the spot or not. The Investigating Officer has not collected the tower location of the applicant in order to show that, at the relevant time, the applicant was present at the spot where the alleged murder took place. Therefore, it is very difficult to accept that the applicant was present on the spot. It is further to be noted that, so far as the statements are concerned, those may not be of much help to the prosecution for the reason that, in the statement of one of the witnesses, it is showed that the applicant had asked him to bring the liquor bottles. However, in the statement itself, the said witness stated that he had brought desi country-made liquor. However, from the spot, Royal Stag bottles were found. Therefore, in my opinion, there is no connection, so far as the finding of the bottles at the spot is concerned. It further appears that there is also a recovery made at the behest of the applicant. No doubt, so far as the recovery of the weapon is concerned, in the recovery panchanama, no blood stains were found on the said weapon, however, in the weapon query report, the Doctor has opined that there were blood stains on the said weapon. Considering the inconsistency, I am of the opinion that it is for the trial Court to decide the same at the appropriate stage. It is further to be noted that it is not in dispute that the deceased has Piyush Mahajan 6 38-Cr.BA-1060-2026 died a homicidal death and the cause of death is head injury and injury on the vital organ. However, there is no clinching material against the applicant in order to connect him with the crime. Apart from the above discussion, another fact which weighs with me to grant bail to the applicant is that the applicant is behind bars since 29/04/2025 and till today, except for framing of charge, no witness has been examined. Considering the fact that now the investigation is over and the charge-sheet is filed, I am inclined to grant bail by imposing stringent conditions. Hence, the following order: O R D E R (i) The Criminal Application is allowed; (ii) The applicant/accused (Nandkishor @ Nandu Charandas Soyam) be released on regular bail in connection with Crime No.221/2025 for the offences punishable under Sections 103(1), 61(2), 238, 49 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Rajura, District Chandrapur, on his furnishing a P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount; Piyush Mahajan 7 38-Cr.BA-1060-2026 (iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, and also shall not tamper with the evidence; (iv) 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; (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 observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same; (vii) 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: 01/09/2026 19:29:34