1 21-Cr.BA-1047-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1047 OF 2026 Prashant Shriram Gawande -- 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. S.V. Sirpurkar with Mr. M.R. Deshpande, Advocates for the Applicant. Mr. H.R. Dhumale, A.P.P. for the Non-applicant/State. Mr. R.S. Bhoyar, Advocate for Assist to Prosecution. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 21, 2026. Heard. 2. At the outset, the learned counsel for the applicant seeks permission to amend the application. 3. Permission granted. Amendment be carried out forthwith. 4. The present application is filed seeking regular bail in Crime No.185/2026 for the offences punishable under Sections 103(1), 61(1), 106(1), 281 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 134 and 177 of the Motor Vehicle Act, Piyush Mahajan 2026:BHC-NAG:12475 2 21-Cr.BA-1047-2026 registered with Police Station Jalgaon (Jamod), District Buldhana. 5. The informant, Manish Digambar Gawande, reported a fatal motor vehicle accident involving his daughter-in-law, Vrushali Prakash Gawande. On March 2, 2026, at approximately 06:30 AM, Vrushali was traveling for school duties on her scooter (MH-28-AL-5815) along the Paturda- Bhendval Road. Around 07:26 a.m., family members received information regarding an accident near Vilas Thakare's farm. Upon arriving, they found her with severe head injuries. It is alleged that an unknown driver of an unidentified vehicle, driving at excessive speed and in a rash and negligent manner, struck her scooter from behind, causing her fatal injuries. Based on these allegations, the First Information Report came to be registered. 6. The learned counsel for the applicant submits that so far as the applicant is concerned, the applicant is the uncle of the accused no. 2 - Prakash, who was the husband of the deceased Vrushali. He submits that in the entire charge sheet there is no direct or indirect material against the applicant, however, according to him, he was implicated as an accused on the basis of the statements of Ajay Deshmukh and Krushna Dhage. Even if the Piyush Mahajan 3 21-Cr.BA-1047-2026 statements of Ajay and Krushna are taken as it is, the applicant cannot be linked with the alleged murder of the deceased – Vrushali. The learned counsel for the applicant by way of amendment has stated that the applicant has criminal antecedents and that the victim has lodged an F.I.R. against the applicant under Section 498-A. He submits that the conduct of the applicant may be objectionable as he has helped the main accused in arranging the amount, however, this fact alone cannot be linked with the alleged murder. 7. On the other hand, the learned A.P.P. and the learned counsel for the informant vehemently oppose the application and submit that accused no. 1 is the contract killer, accused no. 2 is the husband – Prakash, accused no. 3 is Mangesh, accused no. 4 is the father of accused no. 2, and accused no. 5 is the present applicant, who is the uncle of accused no. 2 – Prakash. They submit that the deceased was killed by a four-wheeler which collided with her two-wheeler when the deceased was proceeding towards her school in the morning. The story of her accidental death was concocted. Initially, the F.I.R. was registered against unknown persons; however, at a later point of time, it transpired that it is the accused persons who have Piyush Mahajan 4 21-Cr.BA-1047-2026 hatched the conspiracy and given the contract of killing of the deceased – Vrushali to accused no. 1 – Manish Suryawanshi. They further submit that the statements of two witnesses, namely, Ajay and Krushna, are self-speaking, which goes to show that the applicant was involved in the said crime, and accordingly, he is engaged in arranging the money for payment to accused no. 1 – Manish for killing the deceased. He further submits that all the family members are involved in the crime. The arrangement of money was made on the same day, i.e., on 02/03/2026, as the land which is in the name of accused no. 4 was agreed to be sold to one Ajay Deshmukh and Shrikrushna Dhage, and therefore, he submits that the name of the applicant has been specifically stated by both the witnesses, stating that the applicant has assured them that the sale deed would be executed and they should pay the amount immediately to the friend of Prakash, namely, Mangesh, and therefore, he submits that the applicant is involved in hatching a conspiracy in order to eliminate the deceased – Vrushali. He further submits that the applicant also had a motive to kill the deceased, since his name was taken by the deceased – Vrushali when, at an earlier point of time, an F.I.R. was registered implicating the present applicant as well as other family members under Piyush Mahajan 5 21-Cr.BA-1047-2026 Sections 498-A, 324, 504, and 506 read with Section 34 of the Indian Penal Code, 1860, and therefore, according to the learned A.P.P. and the learned counsel appearing for the informant, considering the nature of allegations and the conduct of the applicant of arranging the said amount on the day of incident, the applicant does not deserve to be granted bail. 8. I have considered the submissions of both the sides. I have perused the F.I.R. as well as other material, including the statements. After perusal of the F.I.R., it appears that initially the offence was registered under Sections 106(1) and 281 of the Bharatiya Nyaya Sanhita, 2023, and Sections 134 and 177 of the Maharashtra Motor Vehicle Rules, 1989. It further appears that during the course of investigation it transpired that it is a case of murder, and accordingly, Sections 103 and 61 were added. After perusal of the other material, like the statements of Ajay and Krushna, it appears that they have taken the name of the present applicant. It also appears that the applicant was engaged in arranging the amount. No doubt, so far as these statements are concerned, the role of the applicant is objectionable to the extent that on the same day on which the incident of murder took place, the applicant and others were engaged in arranging the Piyush Mahajan 6 21-Cr.BA-1047-2026 amount for payment to the contract killer, however, it is to be noted that the applicant is the uncle of accused No.2. There is no other material in order to show that the applicant was engaged in the conspiracy prior to the commission of the offence as these transactions took place after commission of the murder. Under such circumstances, 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 (Prashant Shriram Gawande) be released on regular bail in connection with Crime No.185/2026 for the offences punishable under Sections 103(1), 61(1), 106(1), 281 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 134 and 177 of the Motor Vehicle Act, registered with Police Station Jalgaon (Jamod), District Buldhana, 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 Piyush Mahajan 7 21-Cr.BA-1047-2026 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 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: 21/09/2026 18:36:31