AMIT MADHUKAR BHOGLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present application filed under Sec. 439 of the Code of Criminal Procedure, 1973, the applicant is seeking his release on regular bail in connection with Crime Register No. 89 of 2021 registered with D.C.B./C.I.D. Unit 7, Mumbai. The offences alleged against the applicant are of a serious nature and are punishable under Ss. 302 , 326 , 342 , 144 , 148 , 149 , 506, and 120-B read with Sec. 34 of the Indian Penal Code, 1860. In addition, offences under Ss. 37(1)(a) and 135 of the Maharashtra Police Act, Ss. 3 , 4 and 25 of the Arms Act, and Ss. 3(1)(i) , 3(2) , and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (hereinafter referred to as "MCOCA") have also been invoked against them.

(2.) The prosecution case, in brief, is that on 3/10/2021, after winding up his daily work, the first informant had gone to the Chinese eatery run by the deceased, namely, Suraj Mehra @ Nepali, around 7:30 p.m. The said Suraj Mehra @ Nepali, along with the complainant and two other friends, continued with the hotel work till about 10:00 p.m., and thereafter, they collectively cleaned and closed the hotel by around 1:00 a.m. on 4/10/2021.

(3.) It is alleged that at about 12:30 a.m., a phone call was received at the hotel from one Rahul @ Rahulya Vilas Jadhav, who wanted to place a food order. However, since the kitchen was closed, the friend of the deceased who received the call declined the order. Around 2:00 a.m., after finalizing the day's accounts, the deceased Suraj Mehra @ Nepali, the complainant, and two other friends started for their respective homes. One of the friends parted ways and went home from the parking area of one Sachin Dhananjay Kulkarni @ Chingya, while the complainant and the deceased continued to walk towards their homes.