RADHAKISAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed under Section 439 of the Code of Criminal Procedure, 1973. Applicant has been arrested in connection with Crime No.437/2020 by Police Station, M.I.D.C., Waluj, Dist. Aurangabad for the offence punishable under Section 394 read with Section 34 of the Indian Penal Code.

(2.) Heard learned Advocate Mr. S.S. Ladda for applicant and learned AGP Mr. N.T. Bhagat for respondent.

(3.) It has been vehemently submitted on behalf of the applicant that the applicant is innocent. The alleged incident is stated to have taken place on 06.09.2020, however, the First Information Report has been registered in the midnight of 10.09.2020. There is delay of four days, which is not explained by the informant. In fact, brother of the present applicant Balu Waman Patole was murdered by the friends of informant on 10.07.2020 vide Crime No.344/2020. Offence was registered under Section 302, 143, 147, 148, 149, 114 of the Indian Penal Code. Just in order to pressurize the applicant a false and concocted FIR is lodged. The co-accused are already released. The present applicant had also approached the Sessions Court, however, his application has been rejected, on the ground of his criminal antecedents. Only two cases are pending against him inclusive of the present case. In other cases he is acquitted. Further, in Prabhakar Tewari vs. State of Uttar Pradesh, Criminal Appeal No.152 of 2020 decided on 24 th January, 2020, the Hon'ble Apex Court has held that criminal antecedents cannot be the ground for refusal of bail. Now, the case, under which he is arrested, is trible by Court of Sessions. Almost entire investigation is over, and therefore, his further physical custody is not required. Learned Advocate, therefore, prayed for release of the applicant on bail.