RAJENDRA PRASAD SHIVYADNA TIWARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is successive bail application.

(2.) Applicant seeks his enlargement on bail in Crime No. 234/2018 registered with the Naupada Police Station, for the offences punishable under Sections, 302, 201, 363, 364, 365, 120-B of the Indian Penal Code.

(3.) Prosecution case in brief, is that Applicants ' daughters ' love affair with the deceased, Surendra was disliked by Applicant. Thus, alleged Applicant conspired with co-accused to eliminate Surendra (deceased). Eventually, deceased was looking out for rental accommodation. On a pretext of showing him residential premises, he was called at one place. In furtherance, deceased was abducted in a car by the Applicant and co-accused. Whereafter he was confined in a room, adjacent to 'Sonu Garage ' at Mulund. The car was owned by Mr. Sawant, who said Applicant had taken his car on 14th July, 2019. Surendra (deceased) was assaulted in a room and detained therein for hours, in intervening night on 14th and 15th July, 2019. Whereafter, the Applicant and the deceased allegedly went the Mulund Railway Station in a tempo and boarded Kasara bound train. CCTV footage had captured at Mulund Railway Station, when retrieved revealed that the deceased was in the company of Applicant on 16th August, 2018. Prosecution case is that the Applicant to conceal his identity had covered his face with blanket. However, one Ruchi Yadav, friend of Applicant 's daughter identified the Applicant, when the CCTV footage was retrieved and panchanama to that effect was drawn. Prosecution had recovered a blanket from the house of the Applicant. Further it is Prosecution case that Applicant and the deceased commuted in Kasara bound train and in between two stations, Applicant allegedly pushed Surendra out of the running train. Though, his body was found on the railway track, Police could not contact his relatives, nearly for seven days for want of his identity. At the material time, deceased was allegedly wearing blue jeans pant. Prosecution would claim that the CCTV footage shows a blue jeans pant was worn by the deceased, when he boarded the train at Mulund Railway Station with Applicant. Soon after the incident, Applicant went to Dubai. That since the whereabouts of Surendra (deceased) were not traceable, a missing complaint was lodged by Applicant 's daughter, who was in love with the Surendra.