BALAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No.325 of 2019 registered with Ausa Police Station, Tq. Ausa, District Latur for the offence punishable under section 302 of the Indian Penal Code. His application with similar prayer i.e. Criminal BA No.244 of 2020 came to be rejected by the learned Additional Sessions Judge, Latur vide order dated 4.6.2020.

(2.) Learned counsel for the applicant submits the prosecution case entirely rests upon the circumstantial evidence and there is no direct evidence in this case. There is no apparent motive to commit the murder of the deceased, who happened to be the cousin of the applicant. Learned counsel submits there is circumstantial evidence in the form of oral dying declaration allegedly made by the deceased, however, inherently it is a weak type of evidence. There is delay in lodging the complaint, which is not explained. Investigation is over and charge-sheet has been submitted and, thus further detention of the applicant is unwarranted and uncalled for. The applicant is easily available for trial. He has his roots in the society. The applicant is ready to abide any condition if imposed by this Court. The applicant may be released on bail.

(3.) Learned A.P.P. has strongly resisted the application on the ground that immediately after the incident, the labours at the road construction site situated near the spot arrived there and even they have seen the assailant from the back side running away from the spot and the deceased had made a oral dying declaration before these persons disclosing the name of the applicant as assailant. Learned APP submits that shortly thereafter police also arrived at the spot since called by those labours at road construction site and deceased had also made a oral dying declaration before the police disclosing name of the applicant as an assailant. The learned APP submits that even the deceased had made a oral dying declaration before his mother, informant and other relatives. The applicant was suspecting about his wife and on the day of incident in the morning the applicant under some pretext asked the deceased to come with him and, accordingly, left the house alongwith the deceased on his motorbike. Thus, there is also evidence of last seen together. Learned APP submits that the weapon knife used in the assault has been recovered at the instance of the applicant. The cause of death is 'hemorrhagic shock due to stab injury to abdomen' which supports the prosecution story. There is strong possibility of tampering with the prosecution evidence since the applicant is closely related to the deceased family. The applicant may not be released on bail.