RAMBADAN BARSAN YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned APP for the State and learned counsel for intervener through the learned APP.

(2.) This is an application for bail in respect of the offence punishable under Ss. 302, 326, 323, 504, 506(2) read with 34 of the Indian Penal Code (hereafter ' IPC ' for short) registered vide C.R. No.I-264 of 2022 with Vartak Nagar Police Station, Thane.

(3.) The FIR was registered on 28/6/2022. The applicant is the accused no.2. The applicant was arrested on 29/6/2022 and now in custody for 14 months. The applicant is 70 years of age. It is alleged that on 26/6/2022 during the early hours at about 4.00 a.m. the complainant woke up from the sleep after hearing hue and cries and came out of his house. The complainant after coming out of the house heard abuses and went near the house of the applicant. The door was locked from inside and the abuses were heard from the inside of the house. After the complainant went into the house of the applicant it was noticed that the legs and hands of the deceased Sunil Yadhav i.e. the brother of the complainant were tied by a rope and the co-accused persons along with the applicant were assaulting the deceased with an iron rod, iron stick and bamboo. The cause of death is due to head injury.