GOPAL RADHESHYAM YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Pandey, learned Advocate for Applicant and Ms. Phad, learned APP for Respondent - State of Maharashtra.

(2.) This Criminal Bail Application is filed by Applicant who is arraigned as Accused No.2. His name is Gopal Radheshyam Yadav. Accused No.1 is Mahendra Yadav whereas Accused No.3 is Vikas Mahendra Singh. Accused No.2 seeks enlargement on bail in Crime No.I-131 of 2018 of Tilak Nagar Police Station, Dombivli registered on 3/8/2011 under Ss. 307, 325, 397, 341 read with Sec. 34 of Indian Penal Code, 1860 (for short 'IPC'), Sec. 135 and 37(1)(3) of Bombay Police Act, 1951, Ss. 1 and 3 of the Arms Act, 1959 and Sec. 3(1)(ii), 3(2) and 3(4) of Maharashtra Control of Organized Crime Act (for short 'MCOC Act').

(3.) The Applicant has been apprehended and arrested on 3/8/2018 and has been in custody for the past 6 years 4 months and 18 days. The incident is of 2/8/2018 when the First Informant - Pradeep Jain alongwith his associate Mr. Kesar Singh Rajput who was riding the scooter were accosted at about 10:45 p.m. by Accused Nos.2 and 3 when they reached home. It is prosecution case that both above Accused tried to snatch the handbag carried by First Informant which contained key of his jwellery shop on the assumption that it contained valuables. Statement of First Informant is at page No.73 which states that the incident occurred between 10:30 p.m. to 10:45 p.m. on 2/8/2018. This Statement was recorded at about 04:00 a.m. on 3/8/2018. Supplementary statement of First Informant was recorded on 4/8/2018. Both these statements are appended at page Nos.73 and 75 of Bail Application.