KARAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No. 257 of 2020 registered with MIDC Waluj Police Station, District Aurangabad for the offence punishable under Sections 302 and 120-B of IPC. His application with similar prayer bearing Bail Petition No. 885 of 2020 came to be rejected by the Additional Sessions Judge, Aurangabad vide order dated 25.08.2020.

(2.) Learned counsel for the applicant submits that the investigation is over and the charge sheet has been submitted. As it appears from the allegations made in the complaint and as it has been revealed during the course of investigation, that there is enmity in between the persons from Pradhan family on one side and Sale and Dahatonde family on the other side. Learned counsel submits that the informant had rushed towards the spot due to the information given to him by witness Mahesh Shingote. It further appears from the allegations made in the complaint that the informant had requested Mahesh Shingote to keep a watch on his brother deceased Yogesh because, on account of the previous enmity, deceased Yogesh was likely to be assaulted by the accused persons. Learned counsel submits that witness Mahesh Shingote in his police statement has not referred name of the present applicant as one of the assailant. Witness Mahesh Shingote has ascribed the role entirely to co-accused Jitu Dahatonde and Vikas Gaikwad. Learned counsel submits that Mahesh Shingote ran towards the house of deceased Yogesh and informed the complainant Ganesh Pradhan (real brother of deceased Yogesh) and one Sachin about the said incident of beating. Learned counsel submits that almost all the witnesses have referred the names of co-accused Jitu Dahatonde and Vikas Gaikwad as the assailants. Learned counsel submits that the incident has been recorded in the CCTV camera installed at Sara Sarthak Apartment, Sara Sangam Apartment and at the house of one Anil Shantilal Chordiya. There is a transcript panchanama drawn during the course of investigation. Learned counsel submits that camera no.5 installed at Sara Sarthak Apartment has recorded the actual incident wherein the presence of co-accused Jitu @ Jitendra Haribhau Dahatonde, co-accused Vikas Gaikwad and deceased Yogesh has been marked and recorded. Learned counsel submits that on account of previous enmity, the informant has added the name of the present applicant as one of the assailants in commission of the crime. Learned counsel submits that during the course of investigation, nothing has been seized from the possession of the applicant, nor anything has been seized at his instance. The applicant has a fixed place of residence. He is available for trial. The applicant is ready to furnish surety and also ready to abide the conditions, if imposed by this Court. Learned counsel submits that the applicant may be released on bail.

(3.) Learned APP, assisted by learned counsel Mr. Borulkar, has strongly resisted the application on the ground that the complainant Ganesh, who happened to be the real brother of deceased Yogesh, has referred the name of the applicant as one of the assailants and it has been specifically alleged that the present applicant along with other co-accused persons had extended beating to the deceased with the help of stones on his head and legs. Learned APP submits that witness Jitendra Suryabhan Jadhav has lastly seen the deceased alive in the company of the co-accused persons and the applicant at about 12.15 p.m. on the date of the incident. Learned APP submits that immediately after the incident, deceased Yogesh in injured condition made an oral dying declaration before witness Ajay Somnath Pradhan referring the name of the applicant and one co-accused Madya as the persons behind the assault and co-accused Jitya and Vikas assaulted him in pursuance to the said plan. Learned APP submits that the charge under Section 120-B of IPC has also been leveled against the accused persons. Prima facie there is a strong case against the applicant. The applicant may not be released on bail.