RUPAL RAJARAM MOHITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is charged as accused no.3 in the charge-sheet filed in C.R.No. 355 of 2020 registered on 16th November 2020. The charge is for the offence punishable under Section 302, 307, 326, 324, 323, 504, 506(2), 143, 147, 147, 149 of the IPC and Sections 37(1) and 135 of the Maharashtra Police Act. The applicant seek his release on bail by claiming parity with co-accused Suraj being released on bail on 15th March 2021 and other co-accused Abhijeet, Aniket, Swapnil being released on bail by this Court on 26th April 2021.

(2.) With the assistance of the counsel for the applicant and the learned APP Mrs.Mhatre, I have perused the charge-sheet placed on record. The FIR came to be registered on a complaint being instituted by the informant Kumar Mohan, stating that he is residing on the given address along with his brother Rohit, his sister and his parents. He referred to an altercation which took place on 15th November 2020 at 11.30 p.m between his cousin brother Suresh and accused Swapnil Jadhav on account of the some old differences. On 16th November 2020, it is alleged that the sister-in-law of Swapnil, Sonali started hurling abuses by arriving in front of his house and this was reported to him by his sister Bharati. At the same time, Sonali also narrated the incident to her brother Rohit and her husband Rupal (present applicant).

(3.) To revenge the said incident, it is alleged that Rohit Jadhav and the present applicant along with his friends Aniket, Abhijeet and Suraj Jadhav arrived in front of his house and Rohit assaulted him by means of a knife on his hand, head and stomach. When his father came to intervene, it is alleged that Rohit seriously injured him by stabbing in his stomach. It is further alleged that Rupal, Abhijeet, Aniket and Suraj, the other coaccused fell him to the ground, while Suraj and Aniket pinned him down, the applicant assaulted in his head by a slab. When people in the locality came to their rescue, the assailants fled away from the spot.