PUJA VIJAY CHAVANversusSTATE OF MAHARASHTRA

SA_MANDAWGAD                                              911 BA 4879-25.DOC


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           CRIMINAL APPELLATE JURISDICTION
                BAIL APPLICATION NO. 4879 OF 2025

Puja Vijay Chavan                                         … Applicant
      V/S.
State of Maharashtra                                    … Respondent


Ms. Sana Raees Khan a/w. Mr.Suraj Mulik i/by SRK Legal, for the
Applicant.
Mr. H.J. Dedhia, APP for Respondent–State.
Ms.Vinaya Parasur, Vashi Railway Police Station, present.


                            CORAM:       SHYAM C. CHANDAK, J.
                            DATED :      6th OCTOBER, 2026
P.C. :-

1.        Heard learned Counsel for the parties. Perused the record.

2.        Learned APP has tendered the Internet usage and CDR
chart of the mobile phone of the applicant and other accused
persons. It is taken on record and marked as 'X' for identification.

3.        The applicant-original accused No.4 is seeking her release
on bail in connection with an FIR bearing Cr.No. 1 of 2025,
registered with Vashi Railway Police Station, for the offence
punishable under Sections 103(1), 61(2) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 ("BNS"), on the report dated 01.01.2025
lodged by Mr. Sagar Gautam Jawanjal, PSI against the applicant.

4.        The prosecution case is that the deceased was the husband
of the applicant. Bhushan Nimba Brahmane (A2) is resident of
Dhule. Since 2022, the applicant and A2 were in a romantic
relationship and, intermittently, A2 used to visit the applicant at
Mumbai. It is alleged that the deceased used to ill-treat the

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SA_MANDAWGAD                                            911 BA 4879-25.DOC



applicant. Therefore, she used to tell about her ill-treatment to A2
and that, she wanted to get rid of the deceased. A2 also had a
grudge against the deceased on that count. Therefore, the
applicant and A2 hatched a criminal conspiracy to commit the
murder of the deceased. For the said purpose, they involved A1
who is relative of the applicant residing in Mumbai and A3, who
was friend of A2.

       It is alleged that on 31.12.2024, A1 to A3 took the deceased
with them in the car of A1 on the pretext of consuming liquor.
Further, A2 and A3 caused the murder of the deceased by
strangulation and threw the body of the deceased in front of a
running railway between Rabale and Ghansoli Railway Stations.
Therefore, the applicant and A1 to A3 were arrested. On
completion of the investigation, the police filed the charge-sheet.
The trial Court rejected the applicant’s bail application. Hence this
application.

5.     Ms. Khan, learned Advocate for the applicant, submits that
there is no direct or indirect evidence against the applicant of
joining A1 to A3 to hatch a criminal conspiracy to commit the
murder of the deceased. There is no evidence indicating that the
applicant was instrumental in sending the deceased along with A1
to A3 to consume liquor. As such, the applicant is innocent and
she is entitled to bail.

6.     In contrast, Mr. Dedhia, the learned APP, submits that the
CDR and internet usage of the mobile phones of the accused,
produced on record, clearly indicate that since before the incident,
the applicant, A1 and A2 were in constant contact with each other.
They were also in continuous contact with each other, on

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SA_MANDAWGAD                                              911 BA 4879-25.DOC



31.12.2024 and 01.01.2025, i.e., immediately before and after the
commission of the murder. A2 is resident of Dhule, but he came to
Mumbai on 31st December, 2024. Intermittently, A1 and the
deceased used to consume liquor together. He submitted that to
facilitate the murder, on the evening of 31st December, 2024, A1
caused the deceased to come to a certain place to accompany with
him in his car, for partying. At that time, A2 and A3 also joined
them from Ghansoli. Thereafter, A2 and A3 committed the murder
of the deceased by strangling him in the car and subsequently
threw his dead body in front of a running train. Mr. Dedhia further
submitted that the applicant has not explained the said phone
calls. Therefore, there is a prima facie case against the applicant of
having conspired with the co-accused persons to commit the
murder of the deceased and she is not entitled to bail.

7.     I have considered the submissions. The material on record
show that, at the relevant time, A1 to A3 were together; that, they
took the deceased with them; further, they consumed liquor
together; committed the murder of the deceased and, threw his
body in front of the running train.

8.     As far as the applicant is concerned, except the CDRs of the
mobile phones of the applicant and A1, there is no other evidence
against her, indicating that, she was instrumental in causing the
deceased to accompany A1 to A3 on the pretext to consume liquor.
The material on record does not indicate that the applicant was
part of the discussion about the conspiracy to commit the murder.
Therefore, mere CDRs are not sufficient to prima facie conclude
that the applicant along with the co-accused persons conspired to
commit the murder of the deceased.


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SA_MANDAWGAD                                                911 BA 4879-25.DOC



       The applicant is in jail for the last 22 months. The
prosecution has cited 93 witnesses. The trial is not likely to
conclude in the foreseeable future. Ms. Khan submitted that the
applicant has two children aged about 11 and 7 years. The children
must be facing hardship due to the incarceration of the applicant.
The applicant is not likely to abscond or tamper with the evidence.

9.     In the backdrop, I am inclined to grant bail. Hence, Order:

      (i)      The applicant -Puja Vijay Chavan be released on bail in
               the aforesaid FIR registered with Vashi Railway Police
               Station, on her executing P.R. Bond in the sum of
               Rs.1,00,000/- with one or two sureties in the like
               amount.

      (ii) The applicant shall mark her attendance at Vashi
               Railway Station, Mumbai, on 1st day of a month, every
               three months between 11:00 a.m. to 2:00 p.m. till
               conclusion of the trial.

      (iii) The applicant shall regularly attend the proceedings
               before the jurisdictional Court unless exempted by the
               said Court, for the reasons to be recorded in writing.

      (iv) The applicant shall not tamper with the prosecution
               evidence and shall not directly or indirectly influence
               the prosecution witnesses to prevent them from
               deposing against her.

      (v) On being released from jail, the applicant shall furnish
               her contact number and residential address to the


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                      SA_MANDAWGAD                                                911 BA 4879-25.DOC



                                     Investigating Officer and shall keep him updated in
                                     case there is any change.

                             (vi)     It is clarified that any observation made in the present
                                     Order are for the purpose of deciding the present Bail
                                     Application. The trial Court shall decide the said case
                                     without getting influenced by any of the said
                                     observations.

                      10.    Bail Application stands disposed of in aforesaid terms.



                                                                     (SHYAM C. CHANDAK, J.)




          Digitally signed
          by SANJAY
          ASARAM
SANJAY    MANDAWGAD
ASARAM
MANDAWGAD Date:
          2026.10.09
          11:38:53
          +0530

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