NIKLESH PRAKASH PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Mishra, learned Advocate for Applicant and Ms. Bajoria, learned APP for Respondent - State.

(2.) This is an Application under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Regular Bail in connection with C.R.No. I 236 of 2017 registered with Shivajinagar Police Station, for offences punishable under Ss. 302, 376 (2) (G) and 201 of the Indian Penal Code, 1860 (for short 'IPC'). There are in all 3 accused persons in the present crime. Applicant is arraigned as Accused No.1. He is arrested on 6/9/2017 and incarcerated for 7 years 8 months 2 days in prison pending trial.

(3.) In the present case it is seen that Applicant has undergone a considerable long period of incarceration i.e. more than 7 years 8 months 2 days in prison even before his conviction. It is seen that charge is framed before two years however trial has not commenced. It is seen that the case of prosecution is solely based on circumstantial evidence with no eye witness to the incident. There are three accused persons in the crime out of which two co-accused have been released on bail which further persuades me to consider Applicant's case for grant of bail on parity sans the alleged role of the Applicant.