1 33.ba.1090.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO. 1090 OF 2026 Arya Jayant Ballawar ..vs.. 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.V. Sirpurkar, Advocate for the applicant. Ms. T.H. Udeshi, APP for non-applicant/State. CORAM: M.M. NERLIKAR, J. DATE : 16.09.2026. Heard. 2. By way of this application, the applicant is seeking bail in connection with Crime No.421 of 2026 registered with Ramnagar Police Station, District Chandrapur for the offence punishable under Sections 302, 120B, 201 read with Section 34 of the Indian Penal Code. 3. The FIR came to be lodged against the applicant on the basis of confession of co-accused, who is the boyfriend of the applicant alleging that in collusion with each other, on 25.04.2023, he and the applicant along with other co-accused, have committed the murder of the deceased (father of the applicant) by administering poison to the deceased. 4. Learned Counsel for the applicant submits that applicant is the daughter of the deceased Jayant. It is submitted that initially an accidental death report was lodged and Marg was registered and thorough enquiry was conducted under Section 174 of the Code of 2026:BHC-NAG:12383 2 33.ba.1090.2026 Criminal Procedure. It is submitted that in the postmortem report cause of death is shown as “PM findings consistent with death due to unknown poisoning”, however learned Counsel for the applicant submits that Marg inquiry was closed on the basis of said report where the conclusion was drawn by the forensic laboratory that general and specific chemical testing does not reveal any poison in exhibits 1, 2 and 3. Exhibits 1, 2 and 3 are the samples of stomach and intestine with its contents liver, spleen, kidney and blood. Under such circumstances, he submits that after closing of the enquiry and filing of the report, in the year 2026, the co- accused - boyfriend of the applicant gave a written complaint to the Police Station confessing about commission of crime along with other acused persons including the applicant and therefore, FIR came to be registered. Learned Counsel submits that the offence is alleged to have been committed in the year 2023, whereas the FIR was registered in the year on 2026, only on the basis of the statement made by co-accused. He further submits that due to the strained relations between the co-accused (boyfriend) and the applicant gave false statement before the Investigating Officer as even in the charge sheet, absolutely there is no material against the applicant except the statement of the co- accused. Under such circumstances, the applicant prayed to be enlarged on bail. 5. On the other hand, the learned APP vehemently opposed the application by submitting that the father of the applicant was in the police department. The 3 33.ba.1090.2026 applicant and co-accused hatched conspiracy to kill the deceased in order to obtain the place in the police department on compassionate appointment. She further submits that in the PM report, cause of death is shown as “due to unknown poisoning”. Learned APP contended that co-accused boyfriend of the applicant has voluntarily came to the Police Station and confessed about the commission of the crime. Under such circumstances, she submits that it cannot be said that there is no material against the applicant, to connect her with the alleged crime. Therefore, the application to be rejected. 6. I have considered the submission of both the sides. It appears that the accidental death case was registered on 25.04.2023. It appears that the enquiry was conducted in detail during which in the CA report cause of death is shown as “due to unknown poisoning”. However, in the entire enquiry report, there is nothing to suggest that someone has committed the murder by administering poison to the deceased. It is only in the year 2026, when the boyfriend of the applicant went to the Police Station and disclosed that it was the applicant and he, who have committed the murder of the deceased by administering poison. It is only thereafter, the FIR was registered and after conducting the investigation, the charge sheet was filed. After perusal of the charge sheet and postmortem report, it is noted that the cause of death was shown as “due to unknown poisoning” and in the CA report, it is stated that “chemical testing does not reveal any poison in exhibit 1, 2 and 3”. It is further to be noted that, the relations between the applicant and co- 4 33.ba.1090.2026 accused appears to be strained. Under such circumstances, merely on the basis of the statement of the co-accused, the applicant cannot be kept behind bar for indefinite period and therefore, in my opinion, there is no sufficient material to connect the applicant with the alleged crime. Hence I am inclined to enlarge the applicant on bail. Hence the following order : (a) The application is allowed. (b) The applicant Arya Jayant Ballawar in connection with Crime No.421 of 2026 registered with Ramnagar Police Station, District Chandrapur for the offence punishable under Sections 302, 120B, 201 read with Section 34 of the Indian Penal Code, be released on bail on furnishing P.R. bond of Rs.50,000/- with one surety in the like amount. (c) The applicant 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. (d) The accused shall provide her residential address and cell number to Police Station concerned and shall not change her place of residence without prior intimation to the Investigating Agency. (e) The accused shall attend each and every date of trial regularly. If she fails to attend the trial even for a single date, or fails to comply with the aforesaid conditions, her default would entail the State to ask for cancellation of bail. 5 33.ba.1090.2026 7. The observations are prima facie in nature and the Trial Court shall not be influenced by the same . 8. All Misc. application(s), pending if any, shall stands disposed of accordingly. (M.M. NERLIKAR , J. ) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 17/09/2026 17:24:27