Dilwale 1 46-BA-775-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 46 BAIL APPLICATION NO. 775 OF 2026 Pradip Alias Balu Vishwas Garje VERSUS The State Of Maharashtra ….. Advocate for Applicant : Mr. Narwade Narayan B. APP for Respondent-State: Mr. V. K.Kotecha ….. CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 22.06.2026 PER COURT : 1. Heard the learned counsel for the respective parties. 2. By the present application, the applicant seeks bail in connection with Crime No.1387 of 2025 registered with Pathardi Police Station Dist. Ahilyanagar for the offences punishable under Sections 103(1), 140(1), 115(2), 352, 315(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The case of the prosecution is that the informant had obtained a loan of Rs. 16,000/- from the applicant. When the amount was demanded by the applicant, it was not returned. On 11.12.2025, the applicant abducted the deceased and kept him in his house. On 13.12.2025, the dead body deceased Rama was found near a well situated in the vicinity of house of applicant at village Akola. It is alleged that due to the harassment caused by the applicant deceased had committed suicide. Subsequently, on the basis of the supplementary 2026:BHC-AUG:24261 Dilwale 2 46-BA-775-26.odt statement recorded on 22.12.2025 and the material collected during the course of investigation, Section 103(1) of the Bharatiya Nyaya Sanhita came to be invoked against the applicant. 4. The learned counsel for the applicant submits that initially, when the crime came to be registered, the informant had stated that the deceased had informed him that he was abducted by the applicant and thereafter committed suicide. It is submitted that the implication of the applicant for the offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita is solely on the basis of CCTV footage. According to the prosecution, the applicant was seen along with the deceased before the incident. It is submitted that except the said circumstance, there is no material connecting the applicant with the alleged offence. He further submits that, at the most, the allegations may attract the offence punishable under Section 108 of the Bharatiya Nyaya Sanhita. There is no material to constitute the offence of murder against the applicant. 5. It is further submitted that there is no material indicating abetment or active participation of the applicant in the commission of the alleged offence. Investigation is completed and charge-sheet has been filed. The applicant is behind bars since 09.01.2026 and further custody of applicant is unwarranted. Therefore, the applicant deserves to be released on bail. 6. Per contra, the learned APP vehemently opposed the application. Dilwale 3 46-BA-775-26.odt He submits that even at the time of registration of the FIR, there was a specific narration that the deceased had informed the informant about his abduction. During the course of investigation, CCTV footage was collected, which shows the presence of the applicant with the deceased immediately prior to the incident. It is further submitted that there was a monetary dispute between the deceased and the accused persons regarding an amount of Rs.16,000/-. As the deceased had refused to pay the said amount, the accused persons decided to eliminate him. The prosecution case is based upon the theory of last seen together coupled with the CCTV footage and other surrounding circumstances. Therefore, the learned APP prayed for rejection of the application. 7. I have considered the rival submissions and perused the investigation papers. The FIR came to be registered on 13.12.2025 for the offence punishable under Section 108 of the Bharatiya Nyaya Sanhita on the basis of the statement of the informant. The material placed on record indicates that the involvement of the applicant for the offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita is primarily based upon CCTV footage and the circumstance of the deceased having been lastly seen in the company of the applicant. 8. It is well settled that the theory of last seen together is a weak piece of evidence unless supported by other incriminating circumstances. Investigation is completed and charge-sheet has already been filed. The applicant is in custody since 09.01.2026. Dilwale 4 46-BA-775-26.odt 9. The post-mortem report indicates eight injuries on the person of the deceased. In fact, in case of the death, drawing evidentiary value and effect of such material would be a matter of trial. Considering the nature of evidence collected during investigation, the period of detention undergone by the applicant and without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a case for grant of bail. 10. Hence, the following order : ORDER (i) The application is allowed. (ii) The applicant - Pradip Alias Balu Vishwas Garje shall be released on bail connection with Crime No.1387 of 2025 registered with Pathardi Police Station Dist. Ahilyanagar for the offences punishable under Sections 103(1), 140(1), 115(2), 352, 315(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, on furnishing P.R. bond of Rs.15,000/- and a solvent surety in the like amount to the satisfaction of the Trial Court. (iii) The release of the applicant shall be subject to the following conditions :- A) The applicant shall not directly or indirectly make any inducement, threat or promise to any prosecution witness and shall not tamper with the prosecution evidence in any manner. B) The applicant shall attend every effective date before the Trial Court unless specifically exempted. C) The applicant shall not in any manner whatsoever contact the Dilwale 5 46-BA-775-26.odt informant till the culmination of the Trial. 11. Needless to state that breach of any of the above conditions shall entitle the prosecution to seek cancellation of bail. 12. The observations made herein are prima facie in nature and the learned Trial Court shall not be influenced by the same while deciding the case on its own merits. 13. Bail before the Trial Court. [ SIDDHESHWAR S. THOMBRE ] JUDGE