ROHIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Sec. 439 of the Criminal Procedure Code, 1973, seeking bail in connection with C.R. No.129 of 2022 registered with Bhadrakali Police Station, District Nashik for offences punishable under Sec. 302 , 397 read with sec. 34 of the Indian Penal Code, 1860 and Sec. 135 of the Maharashtra Police Act.

(2.) According to the prosecution, on 20/5/2022 in the morning at 04:05 a.m. one Harish Bhaskar Patil (deceased) who was coming from Pune and walking towards his father's home situated near Fame Talkies, Nashik, the applicant along with other two co-accused were travelling by motorcycle. While deceased was crossing the road, the co accused dashed with the deceased resulting in altercation of words between the deceased and co-accused Nadeem. The co-accused stopped his motorcycle. Nadeem and applicant ran behind the deceased. Nadeem assaulted him by sharp edged knife on his chest and other parts of the body. Nadeem and applicant got mobile of the deceased. They returned at the place of motorcycle and fled on the motorcycles of the co accused. The investigating agency carried out investigation and filed charge sheet.

(3.) On perusal of the material on record, it appears that apart from extra judicial confession, CCTV footage of the incident has been placed on record. The applicant and other accused have been identified by one Ashok Hinge. Prosecution claims extra judicial confession made Ashok Hinge. The material on record prima facie indicates that the applicant did not assault the deceased. The material on record prima facie indicates that after altercation with the deceased, Nadeem and applicant ran behind the deceased. Nadeem came back after assaulting the deceased. The extra judicial confession has been attributed to Nadeem.