PIYUSH PRIYDARSHAN NAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of the present bail applications 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 Police Station. The said offence is registered for the offences punishable under Ss. 302 (murder), 326 (causing grievous hurt by dangerous weapons), 342 (wrongful confinement), 144 (unlawful assembly), 148 (rioting armed with deadly weapon), 149 (offence committed by members of unlawful assembly), 506 (criminal intimidation), 120-B (criminal conspiracy) read with Sec. 34 (common intention) of the Indian Penal Code, 1860. In addition, the applicant has also been booked under Ss. 37(1)(a) and 135 of the Maharashtra Police Act, 1951 and Ss. 3, 4 and 25 of the Arms Act, 1959. The stringent provisions of the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as 'MCOCA') have also been invoked, particularly Ss. 3(1)(i), 3(2), and 3(4) thereof.

(2.) The brief facts of the prosecution case, as can be gathered from the First Information Report and the statements of the witnesses, are as follows: That on 3/10/2021, the informant, after completing his work for the day, went to a Chinese eatery operated by the deceased, namely Suraj Mehra @ Nepali, at around 7:30 p.m. At that time, the deceased, the complainant, and two of their friends were present at the said eatery. They wrapped up their operations by around 10:00 p.m., and subsequently, the complainant, the deceased, and others including hotel staff cleaned the premises, which continued until around 1:00 a.m. on 4/10/2021.

(3.) According to the prosecution, at around 12:30 a.m. on 4/10/2021, a phone call was received from one Rahul @ Rahulya Vilas Jadhav to place an order for food. However, since the kitchen of the hotel was closed, the order was declined. Thereafter, at around 2:00 a.m., after settling the daily accounts, the deceased, the complainant and two of their friends left the hotel to go home. While the deceased and the complainant proceeded together along with one of the friends, the friend parted ways on reaching the parking area of Sachin Dhananjay Kulkarni @ Chingya, and proceeded to his house, while the complainant and the deceased continued walking towards their own respective residences.