Bombay High Court
Vishal S/O Pawankumar Punj vs State Of Maharashtra Thr Pso Ps Kondhali ... on 9 February, 2026
2026:BHC-NAG:2127
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION [BA] NO. 808 OF 2025.
Vishal Pawankumar Punj.
-VERSUS-
State of Maharashtra.
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
Shri S.D. Chande, Advocate for the Applicant.
Shri D.V. Chavhan, Sr.Advocate/P.P. for the Non-applicant.
CORAM : M.M. NERLIKAR, J.
DATE : FEBRUARY 09, 2026.
Heard.
2. The applicant came to be arrested in connection
with Crime No.580/2023 registered with Kondhali Police
Station, Nagpur Rural for the offence punishable under
Sections 302, 201, 120-B of the Indian Penal Code read with
Sections 3/25 and 7/25 of the Arms Act. Charge sheet came to
be filed and Section 404 of the Indian Penal Code came to be
added.
3. The first information report in the matter came to
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be lodged by Raju Raut, Assistant Police Inspector, Sitabuldi
Police Station, Nagpur alleging that one Anjali Singh had filed
a report on 26.07.2023 stating therein that her husband
Niralasingh is missing since 25.07.2023. During the course of
investigation, it was revealed that missing person had met with
some casualty. It was learnt that the missing person was with
Onkar Singh, Amrish Gode and present applicant and they had
been to Rana Dhaba by motor vehicle. There was some dispute
in regard to money transaction, and that Niralakumar and
Amrish have been eliminated by means of firearms at a farm
house. Bodies of both the deceased were thrown at Wardha
River side at Talegaon on Amravati Road. Hence, the report.
4. The learned Counsel for the applicant submits that
there is absolutely no material in the charge sheet to connect
the applicant with the incident of two murders of the deceased
persons namely [1]Amrish Gode and [2]Niralakumar Singh.
Both the deceased are his friends and infact he was the one who
informed wife of Niralakumar, when she enquired about
Niralakumar that the deceased and Onkar went away from
Rana Dhaba, however, he was not aware about their further
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details. Admittedly from the CCTV footage, it appears that the
present applicant was at Wings Cafe at about 1 p.m., with the
main accused Onkar and the deceased. The applicant was not
aware whether there was any conspiracy or not, however, in
good faith he had introduced the deceased with Onkar, who is
the main accused. It is further submitted that they went to
Rana Dhaba at about 7.30 p.m. and thereafter the deceased and
Onkar went from Rana Dhaba, however, the applicant
remained there and, therefore, submits that when he received
the phone call from wife of Niralakumar, he informed that
Onkar has taken her husband and he was not aware about their
further whereabouts. Accordingly, the applicant waited at
Rana Dhaba and thereafter returned to Nagpur, from where he
was arrested. The applicant has no role to play in the alleged
murder of two deceased persons [Amrish and Niralakumar].
The spot of incident is far away from Rana Dhaba, and
therefore, apart from CDR reports, there is nothing in the
charge sheet to connect the applicant with the actual incident
of murder. Even there is no evidence or material in support of
alleged conspiracy. It is to be noted that even both the
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deceased never ran away from the clutches of main accused.
Had it been a case of kidnapping, the deceased would have
tried to free themselves from the clutches of accused persons.
Therefore, by no stretch of imagination, the present applicant
can be said to have been involved in the conspiracy. Lastly it is
submitted that the present applicant is behind bars since last 29
months, and though charge sheet is filed only two witnesses
have been examined. The charge sheet contains names of 132
witnesses, and that trial will take time, and for said purpose the
applicant cannot be kept behind bars for an indefinite period,
and therefore, prays for grant of bail.
5. On the other hand, the learned Senior Advocate and
P.P. opposes the application by submitting that right from the
beginning i.e. 25.07.2023, the present applicant along with
other accused and deceased were at Wings Cafe, they went to
Woodpecker Company belonging to the main accused Onkar,
and from there they went to Rana Dhaba. Present applicant is
seen in the CCTV footage of Rana Dhaba, however, he
returned along with main accused Onkar in the midnight.
There is concrete evidence against the applicant in the nature
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of CDR report, demonstrating the fact that from the beginning,
even after murder of two persons, they were in constant touch
with each other, and therefore, there is clear cut evidence in
support of conspiracy, as well as actual murder. He further
submits that since from 1 p.m., they have been seen in the
company of the deceased persons at Wings Cafe and thereafter
at Woodpecker Company. They have also been seen in the toll
plaza CCTV footage, and thereafter at Rana Dhaba. All these
factors goes to show that the present applicant has actively
participated in the criminal conspiracy, he has helped the main
accused in committing murder of both the deceased persons
and therefore, submits that considering the seriousness of the
allegations, the fact that there are two murders and the active
involvement of the applicant, he does not deserves to be
released on bail.
6. I have considered the rival submissions of the
parties. There is material on record to show that at about 1
p.m. the present applicant along with the main accused and
deceased was seen in the CCTV footage at Wings Cafe. It is
also a matter of fact that they have been seen at Woodpecker
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Company along with the main accused Onkar. The applicant
was also seen with other accused persons and deceased persons
at Rana Dhaba. However, the fact remains that from Rana
Dhaba, the main accused and the deceased went further by
leaving the applicant behind at Rana Dhaba itself. Considering
this fact, so far as the actual spot of murder is concerned, which
is approximately 10 kms., away from Rana Dhaba, perusal of
one of the statement of the witness, who is servant of adjacent
land owner, goes to show that present applicant had not been
to the farm house and therefore, prima facie appears to be not
involved in the actual crime of murder of both the deceased
persons. It is a matter of record that right from 1 p.m. till 9.30
p.m. the applicant is seen with other accused persons and
deceased. The evidence in the nature of CDR calls between the
main culprits and present applicant is on record. It is also a
matter of record that when the wife of deceased Niralakumar
called the present applicant, he informed her that the deceased
went along with main accused Onkar. Thus, considering the
fact that the present applicant was seen at Rana Dhaba till
10.15 p.m., however, he returned along with Onkar, which can
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be gathered from CCTV Footage at toll naka at the midnight.
Admittedly there are several calls between the present applicant
and the main accused, however, there is every possibility that
when wife of deceased Niralakumar was calling him, he was
asking the main accused about their whereabouts. The
applicant is behind bars since last 29 months, and it is a fact
that investigation is complete and charge sheet is also filed.
Thus considering the fact that the applicant was not on the spot
of incident, and the fact that he was arrested from Nagpur
itself, I am inclined to grant bail. Hence, the following order.
ORDER
(i) Criminal Application is allowed and disposed of.
(ii) The applicant /accused Vishal Pawankumar Punj be released on regular bail in connection with Crime No.580/2023 registered with Kondhali Police Station, Nagpur Rural for the offence punishable under Sections 302, 201, 120-B and 404 of the Indian Penal Code read with Sections 3/25 and 7/25 of the Arms Act on his furnishing P.R. Bond of Rs.50,000/- with two sureties in the like amount.
(iii) The accused shall not directly or indirectly Rgd.
Order 090226ba808.25 8 make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence.
(iv) The accused shall provide his residential address and cell number to Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency.
(v) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for one single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail.
(vi) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial.
(vii) Misc. Applications, if any, are also disposed of.
JUDGE Signed by: R.G. Dhuriya (RGD) Designation:Rgd.
PS To Honourable Judge Date: 09/02/2026 19:05:45