ANIL DATTATRAY GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Accused No.2 involved in C.R. No.338 of 2015 registered with Loni-Kalbhor Police Station for offences punishable under Sections 302, 120-B, 34 of IPC and Section 3(25) of Arms Act and Section 3(1)(i) (ii), 3(4) of MCOC Act, 1999 has filed this application for bail.

(2.) Applicant is in custody from the date of his arrest from 11th September, 2015 and charge-sheet in this crime is filed before Special Court on 5th March, 2016.

(3.) Learned counsel for applicant submitted that applicant is falsely involved by complainant after due deliberation with his family members as relations between them were strained on the issue of collecting fodder from the field, of which Crime No.55 of 2015 was registered against co-accused Sagar Gaikwad, Sudam Gaikwad, Ganesh Gaikwad, Ajikya Shivaji Gaikwad and others on the basis of report of deceased Hemant Gaikwad on 19th February, 2015 with same Police Station and thus, in spite of applicant having not involved in this crime in any manner merely because he is distantly related to accused Uttam Gaikwad, Sagar Gaikwad, Dasrath Gaikwad, he is involved in the present crime. It is also conten-ded that according to the case of prosecution, applicant is posed as one of conspirators for commission of murder of Hemand Gaikwad, however, in spite of such limited involvement of applicant, there is no material establishing his involvement even on this count as documents filed with charge sheet do not disclose that applicant has got involved in this offence with object of gaining pecuniary benefits or gaining undue economic or other advantage for himself or other persons. It is also the case of applicant that case involving applicant as such, has nothing to do with organised crime. Applicant claiming himself to be agriculturist having roots in the society prays for his release on bail by imposing conditions, if any.