1 35-Cr.BA-1092-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1092 OF 2026 Rahul s/o Bhagwan Vairagade -- 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.K. Tiwari, Advocate for the Applicant. Mr. H.R. Dhumale, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 08, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.52/2026 for the offences punishable under Sections 103, 189(2), 190, 191(1), 191(2), 191(3), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Gittikhadan, District Nagpur. 3. The prosecution case, as stated in the First Information Report, is that on 22/01/2026, at about 11:00 p.m., the informant, along with deceased Harsh @ Guddu Shivananadan Pandey and Aditya Manjarkhede, had gone near the Police Line Takli, Nagpur. It is alleged that the deceased was surrounded by the accused Banti @ Burhan Sheikh Piyush Mahajan 2026:BHC-NAG:11967 2 35-Cr.BA-1092-2026 and his associates, and accused allegedly assaulted him on the head with a sharp weapon, causing him to fall down. The informant and Aditya, being apprehensive left the spot and subsequently returned along with others. The deceased was found lying injured near the road and was taken to Mayo Hospital, Nagpur, where he was declared dead. Based on this allegation, the present F.IR. was registered. 4. The learned counsel for the applicant submits that merely on the basis of the quarrel that took place on the earlier day between the brother of the deceased and the applicant, the applicant has been involved in a serious case of murder by the Investigating Agency. He further submits that there are two eye-witnesses to the incident in whose statements the presence of the present applicant is not shown. Considering the aforesaid fact he cannot be said to be connected with the crime and prays to release him on bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that it is the applicant who is responsible for the murder of the deceased. On 21/01/2026, there was a quarrel between the brother of the deceased and the applicant, which continued even on 22/01/2026. The murder took place on 22/01/2026. Both these Piyush Mahajan 3 35-Cr.BA-1092-2026 incidents cannot be seen in isolation since they are in continuation. Though the applicant was not present at the spot, he is the person who is responsible for the murder of the deceased. Under such circumstances, he submits that there is more than sufficient material against the applicant, and therefore, the applicant does not deserve to be granted bail. 6. I have considered the rival submissions. I have perused the F.I.R. Admittedly, so far as the murder is concerned, it took place on 22/01/2026. So far as the incident of 21/01/2026 is concerned, the quarrel took place between the brother of the deceased and the present applicant. It is further to be noted that after perusal of the statements of the eye- witnesses, the name of the present applicant is nowhere mentioned, in fact, in the entire charge- sheet, there is nothing to show that the present applicant was seen by any of the witnesses or was present on the spot. Under such circumstances, in my opinion, the applicant deserves to be granted bail as the investigation is over, the charge-sheet is filed, and there are no criminal antecedents. Therefore, I am inclined to grant bail by imposing stringent conditions. Hence, the following order: Piyush Mahajan 4 35-Cr.BA-1092-2026 O R D E R (i) The Criminal Application is allowed; (ii) The applicant/accused (Rahul s/o Bhagwan Vairagade) be released on regular bail in connection with Crime No.52/2026 for the offences punishable under Sections 103, 189(2), 190, 191(1), 191(2), 191(3), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Gittikhadan, District Nagpur, on his 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, 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) Once the trial commences, the accused shall attend each and every date of trial regularly. If he fails to attend the trial, or fails to Piyush Mahajan 5 35-Cr.BA-1092-2026 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: 09/09/2026 18:20:01