UDDHAV SOPAN DARADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed by original accused No.4 under Section 439 of the Code of Criminal Procedure, 1973.

(2.) Present applicant and co-accused have been arrested in Crime No.5/2020 registered with Aundha Nagnath Police Station, Dist. Hingoli for the offence punishable under Section 302 , 143 , 147 , 148 , 149 , 323 of the Indian penal Code and Section 4 and 25 of the Arms Act. The information in respect of the offence was filed by one Pradip Kundlikrao Kute and it is in respect of the incident, that had taken place on 10.01.2020 at village Salna, Tq. Aundha Nagnath.

(3.) It has been vehemently submitted by learned Advocate Mr. S.J. Salunke for applicant, that the investigation is over and charge sheet has been filed, therefore, further physical custody of the applicant is not required for the purpose of investigation. Perusal of the First Information Report would show, that the informant says that there is rivalry and dispute between his family and the family of the applicant in respect of agricultural land. He also says, that the said dispute came to be resolved at the village level. He, thereafter says, that when he and his father and brother went at about 11.00 hours on 10.01.2020 to the Bus Stand, as they intended to go to Jintur, and when he went for answering nature's call and the brother had gone to drink water in a nearby hotel, at that time, suddenly one Vitthal Ganesh Darade, present applicant and Ganesh Sopan Darade came on motorcycle. Present applicant and co-accused were in the Bus Stand and it is stated, that all of them had attacked the father of the informant. It is stated that Vitthal, present applicant and Ganesh assaulted deceased Kundlik by knife. The FIR indicates long standing enmity, and therefore, false implication of the applicant cannot be ruled out. Though recovery of weapon has been seized and shown to be discovered by the present applicant, yet, that is required to be discarded. Applicant was arrested on 10.01.2020, however, the seizure on the basis of memorandum is on 15.01.2020. Such recovery cannot be said to be voluntary. In fact, the informant himself has criminal antecedents. Co- accused Sopan and Madhav have been released on bail by this Court vide Bail Application No.515/2020, and therefore, on the ground of parity also the applicant deserves to be released on bail. On instructions, the learned Advocate for the applicant made statement that if bail is granted then he is ready to abide by the terms of bail including the condition that he will not enter village Salna, entire taluka also, till the trial is over. He, therefore, prayed for bail.