(1.) By this appeal, the appellants, original accused nos.3 and 4 pray for grant of bail in connection with Crime No.218 of 2020 registered on 10.04.2020 with the Amalner Police Station for commission of offences punishable under Sections 302 , 143 , 147 , 148 , 149 , 188 , 323 , 504 and 506 of the Indian Penal Code and Section 37 (1) r/w.135 of the Maharashtra Police Act and Section 3(2) (v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989.
(2.) We have considered the strenuous submissions of the learned advocate for the appellants and the learned APP on behalf of the respondent no.1 / State. Respondent no.2, though served, has not entered an appearance. With the assistance of the learned advocates, we have gone through the voluminous record before us.
(3.) The learned Advocate for the appellants strenuously submits on the basis of the first information report filed by the mother of the deceased Rakesh Vasant Chavan that Rakesh was the only person who had left the residence on 09.04.2020 at about 09:00 p.m. There is no statement that, the brother of the deceased Raj had also left along with Rakesh. The informant has alleged that, unknown persons have assaulted Rakesh and are responsible for causing his death. It is, therefore, contended that the statement made by Raj before the Station House Officer of the Amalner Police Station that he is an eye-witness, will have to be disbelieved.