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Bombay High Court

PRADIP BALRAM GARAIversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail was granted to the accused on the condition that he complies with the stipulated conditions, as the prosecution failed to establish a prima facie case.

Summary

The applicant, Pradip Balram Garai, was the sole accused in a murder case under Section 302 of the Indian Penal Code for the killing of Sushant Karmakar, the first husband of his second wife, Tanushri Chand. The prosecution’s case relied primarily on CCTV footage showing an unidentified person handling a knife and on Tanushri’s identification of the applicant as the suspect; no direct or substantive circumstantial evidence linked the applicant to the crime. The applicant contended that the evidence was insufficient to establish a prima facie case and that he was being framed due to marital discord. The court examined whether the material on record satisfied the threshold for denial of bail and concluded that mere suspicion could not replace concrete evidence. Accordingly, the court granted bail with a cash bond of Rs.25,000 and a set of strict conditions, while reserving the right to cancel bail for any breach.

Issues considered

  • What constitutes a prima facie case for granting or denying bail in a murder trial under Section 302 IPC?
  • Whether the CCTV footage and the victim's widow's identification alone are sufficient to deny bail.

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • prima facie evidence
  • CCTV
  • identification
  • criminal procedure

Judgment

                                                                    BA.3227.2026.doc

Ajay

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION

                      BAIL APPLICATION NO. 3227 OF 2026

       Pradip Balram Garai                                   .. Applicant
             Versus
       State of Maharashtra                                  .. Respondent

                                 ....................
        Mr. Harsh Kashyap, Advocate for Applicant.
        Mr. Yogesh M. Nathwa, APP for Respondent – State.
                                   ......…...........

                                       CORAM            : MILIND N. JADHAV, J.
                                       DATE             : AUGUST 20, 2026

       P.C.:

       1.       Heard Mr. Kashyap, learned Advocate for Applicant and Mr.

       Yogesh M. Nathwa learned APP for Respondent – State.


       2.       Applicant is arraigned as sole accused in an offence

       punishable under Section 302 of the Indian Penal Code, 1860 in

       connection with FIR bearing CR. No.40 of 2023. Complaint is lodged

       against an unknown person by the landlord of the premises when he

       found the deceased tenant lying in a pool of blood on 21.01.2023.


       3.       During the course of investigation, it came to light that the

       first wife of Applicant had passed away in 2015 due to cancer.

       Applicant had a son from his first wife who was studying along with

       another boy called Sian whose mother Tanushri Chand was a divorcee.


       4.       Tanushri Chand and the Applicant used to frequently meet

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each other and their friendship gradually transformed into a love

affair. Subsequently, Applicant and Tanushri Chand solemnized their

marriage. Applicant and Tanushri along with their two children resided

together at Ubale Nagar. Tanushri's son Sian used to visit his father

(deceased victim Sushant Anil Karamkar) and he used to pay for Sian's

education. Applicant objected to Sian visiting his father and therefore

several quarrels would occur between Applicant and Tanushri.


5.       Case of prosecution in arresting Applicant is that Applicant

suspected infidelity between Tanushri and deceased victim Sushant

Karmakar. On 13.01.2023, Tanushri and Applicant had another quarrel

after which she and Sian left Applicant’s house and they both began

started residing separately at Wanawadi.


6.       Deceased Sushant Karmakar first husband of Tanushri was

murdered by unknown person on 21.01.2023. Case of the prosecution

is based upon the CCTV footage obtained from a nearby medical store

which shows that some person in the CCTV footage moved suspiciously

and transferred a knife like weapon from his bag into his pocket. This

identification of the suspect was made by Tanushri on watching the

CCTV footage. She has indicted the Applicant who is her second

husband for committing the murder of her first husband.


7.       Save and except CCTV footage there is no other material to

indict the Applicant. There is no direct evidence. The evidence is


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circumstantial. Statement of Tanushri is appended at page No.42. All

that it states is that Applicant is travelling on motorcycle near the

building of Sushant Karmakar where he was residing. Save and except

this statement, there is nothing more to pin point the role of the

Applicant. The Applicant’s case is that on account of marital discord

with Tanushri the Applicant is framed. Prima facie the evidence shown

against the Applicant is based on the CCTV footage only. At this stage,

the material on record does not make out a prima facie case against

the Applicant as the merits thereof will be adjudicated during trial.

Mere suspicion without concrete evidence cannot take the place of

certainty.


8.           Hence, Bail Application is allowed subject to the following

terms and conditions:-


             (i)    Applicant is directed to be released on bail on

             furnishing P.R. Bond in the sum of Rs.25,000/- with one or

             two sureties in the like amount;


             (ii)       Applicant is permitted to furnish provisional cash

             bail of Rs.25,000/- for his release immediately and file

             undertaking that he will provide one or two sureties in the

             like amount of Rs.25,000/- within a period of four weeks

             after his release which shall be accepted by the Trial Court.

             Applicant shall provide surety as directed;


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(iii) Before his actual release from jail, Applicant shall

furnish his address where he proposes to reside after his

release from jail to the concerned Police Station and also to

the trial Court;


(iv) After his release from jail, Applicant shall report to the

Investigating Officer as and when called for;


(v) Applicant shall attend the trial Court on first Tuesday of

every month between 11.00 a.m. and 1.00 p.m. to mark his

presence. If the first Tuesday of the said month falls on a

holiday and / or non Court working day, the Applicant shall

mark presence on the next working day;


(vi) Applicant shall co-operate with the conduct of trial and

attend the trial Court on all dates unless specifically

exempted and will not take any unnecessary adjournments,

if he does so, it will entitle the prosecution to apply for

cancellation of this order;


(vii) Applicant shall not leave the State of Maharashtra

without prior permission of the Trial Court;


(viii) Applicant shall not influence any of the witnesses or

tamper with the evidence in any manner; and


(ix) In case of any infraction of the above conditions and /


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                      or              two consecutive defaults in marking his attendance

                      before trial Court, it shall attract the provisions of Section

                      492 of BNSS i.e. for cancellation of bail.


       9.             It is clarified that the observations made in this order are

       limited for the purpose of granting Bail only and I have not made any

       observations on merits of the case. The trial shall be adjudicated on

       the strength of the evidence led and strictly on its own merits being

       uninfluenced with any of the prima facie observations made herein

       above in this order.


       10.            Bail Application is allowed and disposed.


                                                             [ MILIND N. JADHAV, J. ]

Ajay

                   Digitally signed
                   by RAVINDRA
        RAVINDRA MOHAN
        MOHAN    AMBERKAR
        AMBERKAR Date:
                 2026.08.20
                   11:36:40 +0530




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