VINAY RAJARAM YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The applicant, who is arraigned in Session Case No. 468 of 2021 arising out of C.R. No. 63 of 2020, registered with Bangur Nagar police station for the offences punishable under Sec. 120- B, 302, 506(ii) read with 34 of Indian Penal Code, 1860 (the Penal Code) and Sec. 37(1)(a) read with 135 of Maharashtra Police Act, 1951, has preferred this application to enlarge him on bail.

(3.) Mr. Nitin Gupta, the first informant, claims to be the Executive President of an Association, namely, Maharashtra Police Boys. Suresh @ Surya Mastud (the deceased), had evinced interest to join the said association. On 24 th February, 2021 the deceased came to meet the first informant at Caffe Sadar, Link Road, Goregaon (w), Mumbai. The first informant, his friend Sharif Qureshi, the deceased and latter's friend Rajesh Yadav (A1) had a meeting. At about 3.00 pm, after they came out of the hotel, Sharif Qureshi, the deceased, and Rajesh Yadav (A1) had a chat. While Rajesh Yadav (A1) was about to start his scooter, the applicant, who was allegedly armed with a hammer, gave multiple blows on the head of the deceased from behind. The deceased fell down. The co- accused Dheeraj Vishwakarma (A3) unleashed blows by means of the knife. Sharif Qureshi tried to intervene and save the deceased by means of helmet which he was carrying. The assailants threatened Sharif Qureshi and other persons with dire consequences, if they intervened. The deceased succumbed to his injuries.