CHANDRAHAS @ RAJ SUBHASH UBALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present Appeal under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the appellant/original accused takes exception to the order dtd. 5/7/2025 passed by the learned Special Judge, Rahata, District Ahmednagar, thereby, declined to grant regular bail to the present appellant in connection with the Crime No. 237 of 2021 registered with Shirdi Police Station, District Ahmednagar for the offences punishable under Sec. 302, 307, 120-B, 201 read with Sec. 34 of the Indian Penal Code, 1860 (for short 'IPC') and under Ss. 3(2)(va) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC & ST Act').

(2.) It is the case of the prosecution that, on 29/6/2021, the informant/ respondent No.2 lodged an FIR with Shirdi Police Station alleging that on 29/6/2021, at about 6.30 p.m. after completion of centering work of building of Shri Bhansali at Chitali Road, Rahata, he and his cousin Rajendra were returning to their house on motorcycle. At about 7.30 p.m., they stopped at an open space near Palacias Hotel and consumed liquor. At that time, four unknown persons, aged about 18 to 20 years, arrived on two motorcycles and asked them for a matchbox. The informant told them that he did not have a matchbox, however, his cousin Rajendra was having a matchbox, which was kept on the seat of the motorcycle, and he asked them to take it. Since the matchbox was not given immediately and not handed over to them, they stared angrily at Rajendra and thereafter took the matchbox and went to the backside. Thereafter, suddenly two accused came with sharp-edged weapons and assaulted Rajendra on his head and abdomen as well on his cast. Seeing this, the informant ran away from the spot out of fear. Thereafter, the accused left the spot. The informant then immediately returned to the spot and took the injured to the hospital, where, during the course of treatment, he succumbed to the injuries and died. On the basis of said oral report the Crime No. 237 of 2021 registered with Shirdi Police Station, District Ahmednagar for the above offences. During the course of investigation, the present appellant accused came to be arrested on 10/7/2021. Thereafter, other accused are also arrested.

(3.) Needless to say that, earlier the present appellant accused had moved two applications seeking bail but those are rejected. On 1/8/2023, the learned Special Court passed an order and rejected the second application. Therefore, the appellant accused had preferred appeal before this Court bearing Criminal Appeal No. 152 of 2024, however, the said appeal came to be rejected on 22/7/2024. Thereafter, the present appellant accused again moved 3rd bail application at Ex. 204 in Special Case No. 118/2024, however, on 5/7/2024, the learned Special Court passed the impugned order and rejected the said bail application. Being aggrieved by the same, the appellant accused has preferred the present appeal.