Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 7, Cited by 0]

Bombay High Court

Vishal S/O Pawankumar Punj vs State Of Maharashtra Thr Pso Ps Kondhali ... on 9 February, 2026

2026:BHC-NAG:2127


     Order                                                                                  090226ba808.25
                                                         1


                         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


    Rgd.
 Order                                                     090226ba808.25
                            2

        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


Rgd.
 Order                                                      090226ba808.25
                              3

        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


Rgd.
 Order                                                       090226ba808.25
                              4

        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


Rgd.
 Order                                                     090226ba808.25
                            5

        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


Rgd.
 Order                                                       090226ba808.25
                             6

        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


Rgd.
 Order                                                        090226ba808.25
                             7

        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