CNR
MHNS010036082022
Order below Exh.1
in Cri. Bail Application No.887/2022.
( Ajay Sanjay Bhor Vs State)
This application is moved by the applicant­accused Ajay
Sanjay Bhor under section 439 of the Criminal Procedure Code for
grant of bail in connection with CR No. 44/2022 registered with
Wadivarhe Police Station, Tal. Igatpuri, Dist. Nashik for the offence
under section 302, 201 of the Indian Penal Code in respect of alleged
incident of murder of Mahavir Kuber Modi.
2.

It is stated in the application that on 18.3.2022 applicant­
accused was arrested and was remanded to police custody till
28.3.2022, thereafter taken into the magistrate custody and since then
he is in jail. It is alleged that prosecution is that, on 12.3.2022 at about
12.45 hrs one Sunita Mahavir Modi had approached to Ghoti police
station and lodged missing compliant No.17/2022 of her husband.
PHC Darade carried out investigation of the said missing compliant. On
15.3.2022 first informant Sheetal Hanuman Mali lodged FIR to
wadivarhe police station on the ground that on 10.3.2022 at about
00.10 hrs her father hurriedly took chilly powder in one plastic ouch
and left their house and proceeded on motor­cycle with one person,
however, her father did not return to the house and therefore, first
informant and his family members tired to search out Mahavir Modi,
but he was found missing, therefore, her mother lodged missing
compliant.
2.2. It is case of prosecution that, on 15.3.2022 wadivarhe police
station PHC More informed to mother of first informant that one dead
body was found at Padali shivar in canal situated near Mumbai Nashik
road. There is tattoo of M.K. Bhogar and one Aadhar card was found
..2..

on the pocket of pant of dead body, thereafter, FIR lodged against
unknown person on 15.3.2022.
2.2. It is further stated in the application that, applicant­accused has
not committed the alleged crime and there is no material in respect of
the alleged crime whatsoever against the applicant­accused. The
investigation of the crime is completed and charge­sheet is filed in the
Court. Therefore, no purpose will be served by detaining the applicant­
accused behind the bar. The present case is based upon circumstantial
evidence, there is no direct evidence. However, there is no evidence to
connect the applicant­accused with the crime. During investigation
CCTV footage of Hotel Aditya situated near the spot, however, the
applicant­accused is not seen in said CCTV footage. The applicant­
accused is local resident and has deep root in the society, there is no
chance of his absconding and he is ready to abide all conditions laid
down by this Court, these and others ground set out in the application,
hence, prayed for bail.
3.

The prosecution objected the bail application. I.O. has filed
his report Exh.5
4.

Heard, both the parties. Perused the record.

5.

The learned counsel Shri. S.B. Wani submitted that the
applicant­accused has not committed any offence, there is no direct
evidence against him and the investigation is now completed and
charge­sheet is filed in the court. The present case is based upon
circumstantial evidence and the chain of circumstances connecting the
accused with the present crime is missing. The legal evidence on record
is short even by prima facie to show the involvement of the applicant­
accused in the crime. The applicant­accused is local residents and he
Cri. Bail Application No.887/2022.
..3..

has roots in the society and will not jump the bail and ready to abide
the conditions laid down by this Court. Hence, prayed for bail.
6.

The learned APP submitted that, the applicant­accused has
played active role in commission of the crime. The applicant­accused
has illicit relationship with the first informant, who is the daughter of
deceased and the deceased had objected the same and therefore, in
order to remove hurdle, the applicant­accused has committed the
murder of deceased and tried to destroy the evidence by throwing the
dead body in a rivulet under the bridge. The police found decompose
body on the spot and on the basis of the CDR of the mobile phone of
the applicant­accused, the presence of applicant­accused was found at
the relevant time on the spot of incident and the applicant­accused did
not have any explanation for his presence on the spot of incident in the
said late night hours. He also pointed out the investigating papers to
show that the police have seized the stone used by the accused in
commission of the crime at his instance. Hence, prayed to reject the
application.
7.

I .O. is present alongwith copy of charge­sheet.

8.

It is not disputed that the case is based upon circumstantial
evidence as there is no direct evidence. The dead body of the deceased
was found in a decompose state. The PM Report shows that the cause
of death is reserved and will be given after chemical analysis FSL
report. The deceased was went missing on 10.3.2022 and his dead
body was found on 15.3.2022. Meanwhile, missing complaint was
lodged by the wife of the deceased and subsequently, FIR came to be
registered by the daughter of the deceased. There is motive behind this
crime that the first informant has illicit relationship with the applicant­
..4..

accused and the deceased had objected the same. On the day of
incident the deceased had hurriedly come in the house and took chilly
powder in his pocket and went away an one unknown persons with his
motorcycle and thereafter he went missing and ultimately, his dead
body was found as stated above. The investigating officer submitted
that the CDR and mobile Tower location of the applicant­accused was
found near the spot of incident on the day of incident. Thus,
considering the fact that there is motive for the applicant­accused to
commit the murder of the deceased as he has illicit relationship with
the daughter of deceased and the deceased had objected the same,
therefore, there is sufficient material on record to connect the present
applicant­accused to present crime. The applicant­accused may
pressurized the female witnesses, who are the family members of the
deceased as he was in regular contact with the first informant as
disclosed from the material placed on record. More so, the CA reports
are awaiting which will throw further light on the investigation of the
crime and therefore, it would not proper to release applicant­accused
on bail. The present application is devoid of merit. Accordingly,
following order is passed.
ORDER
1.

Bail Application bearing No. 887 is hereby rejected.

2.

Inform to the concern police station accordingly.

SHINDE
MADHAV
A
Date­27.07.2022
Digitally signed
by SHINDE
MADHAV A
Date: 2022.07.28
13:36:46 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.