SUKHDEO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for releasing the applicant on anticipatory bail in connection with Crime No. I-244 of 2020 under Section 306, 504 read with Section 34 of the I.P.C. registered with Khultabad Police Station, District Aurangabad.

(2.) Facts giving rise to this application are that the informant is the son of the deceased Radakrishna Bodke. He was a government contractor and had financial transactions with the applicant. About ten days before the incident, the applicant and one Santosh Rajput went to the house of the informant and said to the deceased Radhakrishna that he should pay the amount due from him and went away abusing the father of the informant by the name of Radhakrishna. On inquiry, the deceased Radhakrishna stated that he had taken Rs.2.5 Lakhs from Santosh Rajput about five to six years before the incident on loan. The deceased had repaid the loan with interest to the tune of Rupees 45 Lakhs. Even then the applicant used to say that some amount is due and is to be paid to Santosh Rajput. Santosh Rajput was harassing the deceased saying that amount was still due from the deceased to him. The deceased always used to complain that he was being harassed by the said Santosh Rajput. The deceased used to brood over the matter continuously. The deceased Radhakrishna and the applicant were running a stone crusher in partnership. The applicant used to take entire profit. The applicant used to say that amount was due from the deceased to the applicant. The deceased used to say that he was being harassed by the applicant and the said Santosh Rajput. The deceased had given blank cheques to Balu Nalawade i.e. the applicant and the said Balu Nalawade had encashed the same but they were dishonoured. The deceased always used to say that he had paid more than Rupees 45 Lakhs to the said Rajput even then Rajput was pestering him for repayment of the amount. The deceased used to say that he had no alternative but to end his life. On 22.07.2020 at about 7.30 pm his uncle Meninath Bodhke told him about the suicide of the deceased by hanging. Soon thereafter F.I.R. was lodged by the informant against the applicant.

(3.) Heard Shri Bhosle the learned counsel for the applicant and Shri Sanap the learned APP for the State and Shri R.V. Gore the learned counsel for the informant to assist the APP.