KASHIRAM ATMARAM KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No.49 of 2019 registered with Sengaon Police Station, District Hingoli for the offences punishable under Sections 302, 201, 120-B, 109 of the I.P.C. His application with similar prayer came to be rejected by the Additional Sessions Judge, Hingoli, vide order dated 04.11.2019 in Criminal Bail Application below Exh.18 in Sessions Case No.55 of 2019.

(2.) The learned counsel for the applicant submits that the prosecution case entirely rests upon the circumstantial evidence and there is no direct evidence in this case. The learned counsel submits that there is a statement of one witness lastly seen the deceased in the company of the applicant on 19.03.2019 at about 3.00 p.m., however, there is no connecting evidence against the applicant. The learned counsel submits that the dead body of the deceased, who happened to be a six years old child found on 20.03.2019. The learned counsel submits that as per allegation, there were illicit sexual relations between the mother of the said child and the applicant and in order to remove the obstruction in their relations, the mother and the present applicant had committed the murder. The learned counsel submits that the mother of the deceased's child came to be released on bail. The learned counsel submits that the applicant is in jail since 21.03.2019. The applicant is ready to abide the conditions imposed by this Court. The applicant may be released on bail.

(3.) The learned APP has strongly resisted the application on the ground that prima facie there is a strong evidence about motive. The deceased was lastly seen in the company of the applicant and thereafter his dead body was found. Prima facie there is evidence about the homicidal death of the child. There were sexual illicit relations between the applicant and co- accused, who happened to be the mother of the deceased and in order to remove the obstructions in their said relations, the applicant and the co-accused had committed the murder. The learned APP submits that even on 19.03.2019, some villagers witnessed that the co-accused Usha met the present applicant outside of her house and there were certain talks between them. The learned APP submits that prima facie there is a strong case against the applicant. Applicant may not be released on bail.