GAURAV CHANDRABHAN KHALDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, the applicant seeks bail in connection with CR No.233 of 2023, registered at Talegaon Dabhade Police Station, Pune, for offences punishable under Ss. 302 and 120B of the Indian Penal Code, Ss. 3(25), 4(25), 3(27) and 4(27) of the Arms Act, 1959, Ss. 37(1) read with 135 of the Maharashtra Police Act, 1951, and Sec. 7 of the Criminal Law Amendment Act.

(2.) It is the case of the prosecution that on 12/5/2023, while one Kishor Aware was present near the Talegaon Dabhade Municipal Council, accused No.1, along with three unidentified persons, assaulted the deceased with firearms and sharp-edged weapons, causing fatal injuries. The applicant (accused No.6) is accused of participating in the conspiracy to commit the murder of the deceased.

(3.) Mr. Ashok Mundargi, the learned Senior Counsel appearing on behalf of the applicant, asserting the applicant's innocence, contended that the applicant has been falsely implicated in the crime. It is submitted that the informant, the deceased's mother, initially lodged the First Information Report (FIR) against accused Nos.10, 11 and 12, and the applicant and his father (accused No.8) were not named therein. He contended that no action or charge sheet has been filed against the persons named in the FIR; instead, they are presented as witnesses by the prosecution.