(1.) Applicant / accused no.2 in Crime No. I 127/2015, for offences punishable under Sections 302, 201, read with Section 34 of the Indian Penal Code, registered with Police Station, Ghargaon, Taluka Sangamner, District Ahmednagar, by this application, is praying for releasing him on bail.
(2.) The learned Counsel appearing for the applicant pointed out the order passed by this Court on 01.07.2016 in Criminal Application No. 2809 of 2016 and submitted that coaccused Rahul s/o. Rajendra Gotise is released on bail by this Court. The learned Counsel for the applicant argued that case of accused no.3 Rahul Gotise is exactly on par with the case of the present applicant and like Rahul Gotise, the applicant also accompanied main accused Pankaj at the time of alleged offence. The learned Counsel further argued that the offence took place because of money transaction and those transactions were attributable to accused no.1 Pankaj s/o. Bhikudas Sonawane. The learned Counsel argued that nothing came to be recovered from the applicant. Everything was recovered from accused Pankaj Sonawane. There is no possibility of tampering of evidence. The applicant will not flee from the course of justice. Therefore, in submission of the learned Counsel for the applicant, the applicant is entitled to bail as prior to trial, there is presumption of innocence of each and every accused person.
(3.) The Learned Addl. Public Prosecutor Opposed the application by contending that the case of the present applicant is not at par with that of co accused Rahul s/o. Rajendra Gotise as there is recovery of a knife from the present applicant. Similarly there is recovery of money from the present applicant.