GAURAV DILIP JAGTAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants accused Nos.2, 3 and 5 have filed present applications seeking bail in connection with C.R. No.366 of 2022 registered with Saswad Police Station for offences punishable under Sec. 307 , 120(B) , 143 , 147 , 148 , 149 , 427 , 188 , 216 , 504 , 506 of the Indian Penal Code, 1860, and Sec. 4(25) of the Arms Act, 1959.

(2.) According to the prosecution, on 9/9/2022 there was Ganpati Visarjan procession of our mandal which started at 07:00 p.m. and by 09:00 p.m. it reached at Hundekari Chowk, Saswad. At that time, the president of the Mandal, Mayur Jagtap was telling Mandal workers to take the procession forward. At that time, namely 1) Gaurav Dilip Jagtap (Applicant) 2) Kaushik Alias Aaba Rajendra Jagtap 3) Omkar Alias Hanger Dayanand Fartade 4) Sagar Alias Ganesh Alias Depo Balasaheb Jagtap (Applicant) 5) Pushkar Alias Gopya Sunil Jagtap 6) Kunal Alias Nannya Dashrat Jagtap (Applicant) had an argument and scrimmage with the President of Ganpati Mandal, Mayur Jagtap. At that time, the brother of the President namely Vikram Alias Vikki Vilas Jagtap was present there. He tried to pacify the situation. The president told that I will leave if you don't listen to me and he left the procession and went to his Vera lodging. At that time, Gaurav (Applicant) and Kaushik called someone and told the incident on phone. Someone was giving instruction to them on phone. When the aforesaid incident happened there were Arjun Jagtap, Gaurav Deshmukh, Sanket, Jagtap, Karan Jagtap, Akash Fadtare. Thereafter, the complainant along with Arjun Jagtap and Vikram Jagtap went to Vera Lodging. At that time, Vikram Jagtap received call from Atul Ashok Jagtap (co-accused) who asked whether they want to sort out the dispute. Saying so Atul Jagtap called Vikram Jagtap to the office of Kaushik Jagtap situated at Siddheshwar Vakhar. At night at around 10:00 p.m. complainant, Vikram Jagtap and Arjun Jagtap went to the office of Kaushik Jagtap to settle the dispute. At the said office 1) Gaurav Jagtap (Applicant) 2) Kaushik Alias Abba Rajendra Jagtap 3) Omkar Alias Hanger Dayanand Fartade 4) Sagar Alias Ganesh Alias Depo Balasaheb Jagtap (Applicant) 5) Pushkar Alias Gopya Sunil Jagtap 6) Kunal Alias Nannya Dashrat Jagtap and other five to six boys were there. That time co-accused Sagar Alias Ganesh Jagtap, Kaushik Jagtap and Omkar Fartade said to Vikram Jagtap that your brother Mayur is not the president. He doesn't deserve to be president, your brother has become arrogant and today we will finish one of you saying they assaulted Vikram, the complainant and others. Omkar Fartade assaulted Vikram Jagtap with some sharp weapon. Gaurav Jagtap (Applicant), Kaushik Jagtap assaulted with cricket bat and Sagar Jagtap (Applicant), Pushkar Jagtap, Kunal Jagtap (Applicant) assaulted with stick and others assaulted with fists and kicks. After hearing the shouting, people around the vicinity gathered to the spot and seeing the crowd accused persons ran away with their two wheeler bike and four wheeler car. Vikram Jagtap was injured and was laying unconscious. The injured Vikram Jagtap was taken initially to Chintamani Hospital and after the primary medication he was referred to Noble Hospital. While Vikram was receiving treatment at Chintamani Hospital at Saswad, relative of the complainant namely Vimal Vilas Jagtap called the complainant and told him that after the incident of Hundekari Chowk 1) Gaurav Dilip Jagtap (Applicant) 2) Kaushik Alias Abba Rajendra Jagtap 3) Omkar Alias Hanger Dayanand Fartade 4) Sagar Alias Ganesh Alias Depo Balasaheb Jagtap 5) Pushkar Alias Gopya Sunil Jagtap 6) Kunal Alias Nannya Dashrat Jagtap came to the relative's house and shouted and created ruckus saying that where is your children Mayur and Vicky and they will finish them today. The relative and mother of the complainant asked them what has happened to which they verbally abused them and broke the back glass of Innova car Bearing No.MH12PT6665. During the same, it is alleged that Kaushik Jagtap was telling someone on call that he has broken the glasses of car.

(3.) The applicants were arrested on 23/9/2022. The investigating agency seized weapons and vehicles used by the accused for commission of offences. After completion of investigation charge-sheet was filed.