Mumbai, July 12, 2022 – Ashok Rajaram Bharugade, accused of murdering his brother, has been denied bail by the Sessions Court for Greater Mumbai. Additional Sessions Judge A.A. Kulkarni rejected the bail application, citing the prima facie involvement of the accused, the seriousness of the offense, and the potential for witness tampering.

Bharugade, 35, was arrested in connection with Crime No. 34/2022, registered at Kalachowky Police Station, for offenses punishable under Section 302 (murder) of the Indian Penal Code.

The Allegations and Prosecution’s Case

According to the prosecution, Bharugade allegedly murdered his brother after the brother scolded a person named Umesh @ Jitendra. The prosecution presented statements from multiple witnesses, including:

• Sachin Chavan (Informant): An eyewitness who claimed to have seen Bharugade assault the deceased.
• Santosh Shinde: Another witness who corroborated Chavan’s statement.
• Jitendra Kumar: A witness who stated he witnessed the incident.
• Wife and Mother of Informant: Who stated that Bharugade took the deceased from their home on the night of the incident.
• Post Mortem Report: Which indicated an unnatural death of the deceased.
• CCTV Footage: Which the prosecution claims supports their case.

Defense Arguments and Court’s Observations

Bharugade’s defense argued that the investigation was completed, he was the sole earning member of his family, and there were material discrepancies in the investigation, including doubts about the recovery of the knife and the identification of Jitendra Kumar. The defense also argued that witness statements suggested a good relationship between Bharugade and the deceased, indicating a lack of motive.

However, the court, after considering the submissions and the evidence on record, found that:

• The death of the deceased was unnatural.
• Multiple witnesses had implicated Bharugade in the assault.
• The post-mortem report supported the prosecution’s claim of unnatural death.
• The prosecution had CCTV footage as evidence.
• That due to the close relationship of the witnesses, and the accused, there was a high possibility of witness tampering.

Reasons for Denying Bail

The court cited the following reasons for denying bail:

• Prima Facie Involvement: The court found that the statements of witnesses and the evidence on record established prima facie involvement of Bharugade in the murder.
• Seriousness of Offense: Murder is a serious offense punishable by death or life imprisonment.
• Potential for Witness Tampering: Given the close relationship between the witnesses and the deceased, there was a possibility that Bharugade could tamper with the prosecution’s evidence.
• Stage of Proceedings: The court stated that it was not the stage to consider alleged errors in the investigation or to appreciate the evidence collected by the investigating officer.

Implications and Future Proceedings

The denial of bail highlights the court’s emphasis on the seriousness of the offense and the potential for witness tampering in murder cases. Bharugade will remain in custody as the case proceeds to trial. The trial will focus on the presentation of evidence by both the prosecution and the defense, and the court will make a final determination of guilt or innocence based on the evidence presented. This decision reflects the courts careful consideration of facts and circumstances in criminal proceedings, especially those of a serious nature.