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MHNS010029802022
Order below Exh. 1 in Criminal Bail
Application No. 748/2022.
1.

This is an application moved by the applicant/accused (1)
Bharat Raju Bhoye and (2) Uttam @ Gautam Raju Bhoye under section
439 of the Code of Criminal Procedure in C.R. No. I­143/2022 registered
against accused at Mumbai Naka Police Station for the offence punishable
under sections 302 and 504 r/w section 34 of the Indian Penal Code.
2.

It is submitted by the accused that they have been falsely
implicated and they have no concern with the offence. No allegations has
been made that present accused have assaulted the deceased by a sharp
weapon. Complainant, accused no. 1 and deceased are resident of same
area whereas accused no.2 is the friend of deceased since they child. There
was love relation between Sanket Korde and the sister of accused no.1
which was disclosed due to which there was dispute since one year due to
which accused are falsely implicated in the present case. There was no
intention to assault the deceased with sharp weapon to kill him. At the
time of incidence there was ceremony of Haldi due to which there was
huge crowd for the prior dispute between the parties on the basis of which
false complaint has been lodged. Nothing has to be recovered from the
accused. They have no criminal antecedents. Accused are aged 21 and 18
respectively. They are ready to abide by all the terms and conditions,
hence, prayed to allow the application.
3.

Say was called of the Investigating officer. He has objected
this application on the count that, in investigation it has transpired that
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present accused along with other accused are involved in the commission
of the offence.

Prior to commission of the offence Sanket Korde has
lodged the complaint that present accused by slapping, abusing and
threatening him. Present accused along with Ganesh Bhoye with common
intention have killed deceased Sagar Ravtar.
Korde deceased intervened.

In order to save Sanket
By keeping grudge in his mind present
accused along with co­accused with the intention to kill the deceased have
caused grievous injury. Complainant and the witnesses have seen the
incident. If accused are released on bail they will threaten the witnesses.
There is danger to the life and property of the persons living near the
vicinity of the accused. 164 statement of Cr.P.C. is yet to be recorded.
Investigation is in progress. Hence, prayed that application be rejected.
4.

Heard Ld. APP and Ld. Advocate for accused. It is submitted
by the Advocate for accused that accused are falsely implicated in the
crime. Complainant sent Sanket Korde to lodged the complaint to the
police station itself reflects the conduct of the complainant. No role is
attributed to the present applicant.

Already recovery has been made,
hence, prayed that accused be released on bail as they are students.
5.

Investigating Officer and Ld. APP for the state have strongly
objected this application on the ground that present accused along with
co­accused with common intention have committed the offences. Sanket
Korde has lodged offence against the present accused.

As deceased
intervene in the quarrel between accused and Sanket an in anger deceased
was assaulted with grievous injury with intention to cause his death.
Hence, prayed that application be rejected.
6.

After hearing the Ld. Advocate for the accused, Ld. APP for
the State and perusing the case papers.

Though, it is harped by the
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Advocate for the accused that there was no intention on the part of
present accused in the commission of the offence. There is no conspiracy
between them to stab the deceased. However, the FIR reflects that there
was quarrel between the accused and co­accused Ganesh Bhoye with
Sanket Korde who had affair with the sister of the accused. It is seen that
deceased who was the childhood friend of the Sanket Korde intervene in
the quarrel.

When the complainant sent Sanket Korde to lodge the
complaint at that time present accused abused deceased as well as told
him that ”ततुम्हही बबाजतुलबा व्हबा, आम्हही आमचचे बघघून घचेऊ”.

7.

Complainant and the deceased restrained them from abusing
at that time Ganesh Bhoye removed the sharp weapon with the intention
of killing the deceased. It is pertinent to state that the accused persons
had grudge against the deceased as he was supporting Sanket.
Investigation is in progress. Accused and the deceased are the resident of
the same vicinity if accused are released on bail at this stage, they will
threaten the witnesses. Offence is serious in nature, punishable with life
imprisonment. Hence, I am not inclined to release accused on bail and
proceed to pass following order :­
ORDER
Application is hereby rejected.

Nashik.
Date : 24/06/2022.

Sd/­xxx
(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,