AKSHAY VILAS HADAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Application, the Applicant seeks his enlargement on bail in connection with FIR No. 0228 of 2025 dated 24 th May 2025 registered with the Wada Police Station, Palghar for the offences punishable under Ss. 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') .

(2.) The case of the prosecution, is that, the Applicant is the son of the deceased. The deceased always used to harass the Applicant's mother and suspect her character. On many occasions, the deceased had beaten her up as well. On the fateful day, i.e., on 20/5/2025, while the Applicant and his mother were working on the farm, the Applicant's sister came running to the spot and told them that the deceased was carrying an axe; was in a drunken condition and was coming to beat up the Applicant and his mother. She implored them that they should run away to avoid beatings. The Applicant and his mother ran away but when they returned to their house at around 7.00 p.m., the deceased was waiting for them at home with an axe in his hand. The minute he saw his wife, i.e., the Applicant's mother, he jumped on her and started hitting on her neck with an axe. The Applicant went to save his mother; forcibly removed the axe from his father's hand and in fact, injured his father with an axe. The deceased succumbed to his injuries. It is the allegation of the prosecution that the Applicant destroyed the evidence inasmuch as the Applicant along with his mother and the villagers creamated the deceased. They also threw the axe in cremator and tried to destroy the same. The Police were informed by some secret source and hence, the FIR came to be registered.

(3.) The Applicant made an application seeking bail before the Trial Court, however, by order dated 9 th December 2025, his bail application came to be rejected. Hence, the Applicant is before this Court for the reliefs as prayed.