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Bombay High CourtBA/523/2026application allowed

Shrawan Dnyaneshwar Dhangar v. The State Of Maharashtra

2026-04-06Hon'Ble Shri Justice Shailesh P. Brahme4 pages

2026:BHC-AUG:14847 1 94 ba 523.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 523 OF 2026 Shrawan Dnyaneshwar Dhangar, Age : 36 Years, Occu. : Business/Private Job, R/o Shindi, Tq. Chalisgaon, Dist. Jalgaon.

.. Applicant

Versus

The State of Maharashtra .. Respondent Shri Nilesh S. Ghanekar, Advocate for the Applicant. Shri C. V. Bhadane, A.P.P. for the Respondent - State. CORAM : SHAILESH P. BRAHME, J.

DATE : 06TH APRIL, 2026.

FINAL ORDER :

.

Heard both sides. Applicant is seeking enlargement on bail in respect of offence bearing Cr. No. 224/2025 registered with Kannad (Rural) Police Station, Dist. Chhatrapati Sambhajinagar (Rural) for the offences punishable U/Sec. 103(1), 238 of the Bhartiya Nyaya Sanhita, 2023.

2.

The prosecution story is that the applicant and deceased Nikhil Hiraman Suryawanshi (Lagad) were friends. There cropped up some dispute between them. They were last seen together by the witnesses. A missing complaint was lodged on 28.08.2025. A beheaded dead body was found in forest at Gautala. Accordingly, first information report was lodged on

2 94 ba 523.26 04.09.2025. It is alleged that due to the disputes, applicant committed murder of Nikhil by beheading him. The weapon, cloths and articles are recovered at his instance. 3.

Learned counsel Mr. Nilesh Ghanekar appearing for the applicant submits that CCTV footage, recovery of weapon and articles are very weak piece of evidence and insufficient to connect the applicant to the offence in question. The statement of brother Sahil Hiraman Lagad would create doubt regarding story of the prosecution. There is no direct evidence. The applicant is behind bars since 12.09.2025.

4.

Learned Assistant Public Prosecutor submits that the deceased Nikhil was missing since 26.08.2025. After having dinner he had gone to applicant's place. CCTV footage and the statements of the witnesses would make out theory of last seen together. The recovery of cloths, articles and weapon is at the instance of the applicant. Even the vehicle was also recovered at his instance.

5.

It reveals from the papers of investigation, especially statements of the witnesses that applicant and deceased Nikhil were knowing each others and they were friends. The transcript panchanama of CCTV footage shows that applicant and the deceased were seen on a motorcycle on 26.08.2025 at 10.32 PM. It further reveals that the same camera was having footage of 27.08.2025 at 2.11 AM showing returning of applicant alone.

3 94 ba 523.26 6.

Missing report was lodged on 28.08.2025. The statement of Sahil shows that the deceased was not seen since 26.08.2025 and he had seen them on a motorcycle. It is incomprehensible as to why real brother of the deceased, Sahil did not disclose this fact till 28.08.2025 to the police or members of the family. This creates doubt regarding the prosecution case. The CCTV footage is not at this juncture sufficient to connect the applicant with the crime.

7.

Much emphasis has been led by the prosecution on the recovery made at the instance of the applicant. The recovery of weapon, vehicle and the articles would be corroborative in the trial. Even the spot where the vehicle was tried to be concealed was shown by the applicant. No definite conclusion of culpability can be drawn at this stage.

8.

The case of the prosecution is based upon circumstantial evidence. Missing link of the sequence is yet to be completed. The body was found beheaded. There is no investigation on the line as to what promoted the applicant to commit murder in such a brutal manner. The disputes between the friends cannot take the matter to such an extent. The gravity of disputes has not been surfaced yet. Applicant is behind the bars since 12.09.2025. The charge sheet is filed on 06.12.2025. He deserves to be released on bail. I, therefore, pass following order.

4 94 ba 523.26

O R D E R

A.

The bail application is allowed.

B.

Applicant - Shrawan Dnyaneshwar Dhangar shall be released on bail in respect of Cr. No. 224/2025 registered with Kannad (Rural) Police Station, Dist. Chhatrapati Sambhajinagar (Rural) for the offences punishable U/Sec. 103(1), 238 of the Bhartiya Nyaya Sanhita, 2023 on condition of furnishing P. R. bond of Rs. 30,000/- (Rs. Thirty thousands only) with one solvent surety of like amount.

C.

The applicant shall not enter village Shindi, Tq. Chalisgaon, till conclusion of the trial.

D.

The applicant shall not tamper with prosecution evidence or contact with the prosecution witnesses.

E.

He shall furnish his mobile/cell number and address to the Investigating Officer.

F.

Applicant shall surrender his Aadhar and Pan Cards to the investigation officer.

G.

Applicant shall cooperate in expeditious disposal of the trial.

I.

Bail application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/April 26