MAYUR ASHOK LOKHANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is the second application for bail before this Court. The previous viz. Criminal Bail Application No. 2923 of 2021 was rejected by this Court vide order dtd. 21/10/2022.

(2.) Applicant was arrested on 5 th February 2020 in connection with C.R. No. I-354 of 2019 registered with Pimpri-Chinchwad Police Station for offences under Ss. 307, 323, 506 read with 34 of the Indian Penal Code (for short " IPC ")..

(3.) The first information Report was lodged on 6/10/2019 by Suraj Dilip Jagtap alleging that the first informant was conducting mobile repair shop at Chintamani Chowk. On several occasions he was harassed by Mayur Lokhande, Pankaj Jagtap, Kishor Ingale and Jaid Mujawar. On account of harassment, he closed the shop in July 2018. He again reopened the shop few days ago. The first informant and his friend Amit Subhash Pote were working in the said shop. The aforesaid persons again started harassing the first informant and his friend Amit Pote. The aforesaid persons were trying to create terror in the area. On 5/10/2019 the first informant, his friend Amit Pote and others were performing Aarti at Yedeshwari Temple. At that time, Mayur Lokhande, Pankaj Jagtap, Kishor Ingale and Jaid Mujawar came there. All of them tried to drag Amit Pote from the said place. They were restrained from doing so by people gathered at the spot. After completing Aarti They went home. At about 11.00 p.m. the complainant and others heard some commotion at the rear side of house. It was seen from the house that, the said persons who were dragging Amit Pote at the place of Aarti were creating ruckus. The first informant intervened and questioned them. He was threatened and assaulted. All of them charged at first informant with wooden log and sickle. Amit Pote came to the spot. All of them started assaulting Amit Pote. They assaulted him with wooden log. The first informant and others started running from the spot. They chased Amit Pote. He was assaulted with sickle. He suffered injuries. The assailants ran away from the spot. Injured was taken to hospital, FIR was initially registered under Sec. 307, 323 and 506 read with 34 of the I.P.C . Amit Pote succumbed to injuries. Sec. 302 of I.P.C. was added. Applicant was arrested on 5 th February 2020. On completing Investigation charge-sheet was filed.