NILESH BHAURAO KHOBRAGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this application, the Applicant seeks his enlargement on bail in connection with C.R.No.I-236 of 2017 registered with the Shivaji Nagar Police Station, for the alleged offences punishable under Sections 302 , 376(2)(g) and 201 of the Indian Penal Code.

(3.) Learned Senior Counsel for the applicant submits that the allegations against the applicant are false and baseless. He submits that there is no material to connect the applicant with the alleged offences. According to the learned senior counsel, it is the applicant who on learning that the co-accused had sexually assaulted and killed the deceased had himself taken the co-accused - Nikhilesh and Akshay to the Ratnagiri Police Station and lodged an FIR. Learned Senior Counsel for the applicant relied on page 79 of the application i.e. the FIR lodged with the Ratnagiri Police Station as against the co-accused - Nikhilesh and Akshay for the alleged offences punishable under Sections 302 , 376(2)(g) , 201 and 34 of the Indian Penal Code. Learned Senior Counsel for the applicant submits that the applicant does not dispute the fact, that on their way from Nagpur to Mumbai, they picked up Nikhilesh's friend i.e. the deceased in Pune, that they went to Ambernath, to co-accused - Akshay's flat, where they had dinner. He, however, states that early in the morning, the applicant went to smoke a cigarette and as such does not know what transpired thereafter. He submits that the applicant had no knowledge that the co-accused had dumped the dead body of the deceased in a bag, which was purchased from his ATM Card, by co-accused - Akshay. He submits that the applicant realized that the co-accused had killed the deceased and dumped her dead body in the suit case, only when they confessed to him on their way back from Goa to Mumbai. According to the learned senior counsel for the applicant, the accused had disclosed to the applicant that on