(1.) The present application has been moved by the applicant under Sec. 439 of the Code of Criminal Procedure in Crime No. 22 of 2021 registered with Pimpalgaon Baswant Police Station, Nashik for the offences punishable under Ss. 302, 201, 363, 120B read with 34 of the Indian Penal Code (the IPC) and under Ss. 11 (4) and 12 of Protection of Children from Sexual Offences Act, 2012 .
(2.) It is the case of prosecution that the applicant and coaccused Vikram @ Vicky Gopinath Takate are friends. Coaccused Vikram Takate was in love with deceased minor girl and had sexually exploited the deceased. The deceased was therefore constantly requesting co-accused Vikram Takate to marry her. However, he was not willing to marry and rather wanted to get rid of her. The prosecution alleges that coaccused Vikram Takate hatched a conspiracy along with the applicant and accordingly both of them abducted her by a Mahindra pick-up vehicle. While travelling through several villages and on the way, somewhere they killed the deceased minor girl by strangulating her in the vehicle and thereafter, to cause the evidence disappear, threw her dead body in water canal. Her personal belongings were also thrown in the water canal. Accordingly, informant lodged the First Information Report (FIR).
(3.) Mr. Nikam, learned Counsel for the applicant, submits that the applicant had no motive to kill the deceased minor girl. He was only driving the pickup van. There is no evidence to suggest that the applicant in any manner participated or committed crime in question. Although there is memorandum panchnama under Sec. 27 of the Evidence Act at the instance of present applicant but the said memorandum panchnama will not in any manner fix any criminal liability on the applicant. The applicant is in jail since the time of his arrest. There are no criminal antecedents. Therefore, the applicant deserves to be enlarged on bail, urged learned Counsel.