Mumbai, October 20, 2022 – The Additional Sessions Judge Sunil U. Hake (Court Room No. 17) rejected the bail application of Vishal Girish Kakade @ Danny in connection with a brutal murder case registered at Dadar Railway Police Station (C.R. No. 130/2022). The court cited the eyewitness testimony implicating Kakade and the severity of the offense as reasons for denying bail.
Background of the Case:
Vishal Girish Kakade @ Danny, a 19-year-old resident of Matunga, was arrested for allegedly participating in the murder of Siddharth @ Siddhu. The prosecution alleged that Kakade, along with other accused, assaulted the deceased with a bamboo stick, stones, and a knife, dragging him towards the railway tracks and leaving him dead. The case was registered under Sections 302 (murder), 324 (voluntarily causing hurt by dangerous weapons or means), 201 (causing disappearance of evidence of offence, or giving false information to screen offender),1 120(B) (criminal conspiracy),2 141 (unlawful assembly), 143 (punishment for unlawful assembly), 144 (joining unlawful assembly armed with deadly weapon), 147 (rioting), 148 (rioting, armed with deadly weapon),3 and 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object)4 read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC) and Sections 4 and 25 of the Indian Arms Act.
Arguments Presented:
Advocate Amrish Salunkhe, representing Kakade, argued that the initial FIR did not name his client and was filed against unknown persons. He also argued that CCTV footage did not show Kakade’s involvement and that the post-mortem report, which stated the cause of death as “haemorrhagic shock following chop and lacerated injuries,” did not align with the prosecution’s claim that Kakade assaulted the deceased with a bamboo stick. He further emphasized that his client was a permanent resident of Mumbai with no criminal antecedents.
Additional Public Prosecutor (APP) Ashwini Raykar, representing the State, strongly opposed the bail application. She cited the eyewitness testimony of Rajesh Lakhan Paswan, who specifically named Kakade as one of the assailants and stated that Kakade assaulted the deceased with a bamboo stick on the head. She also mentioned that Kakade and another accused were related and that the murder was motivated by the deceased abusing the other accused’s wife, who is Kakade’s sister.
Court’s Reasoning and Decision:
Judge Hake, after reviewing the application, the State’s reply, and the available records, acknowledged that the initial FIR was filed against unknown persons. However, he emphasized the eyewitness testimony of Rajesh Lakhan Paswan, which directly implicated Kakade.
“However, record shows that investigating officer has recorded statement of an eye witness—Rajesh Lakhan Paswan. He has specifically stated that accused/applicant assaulted by bamboo on the head of deceased,” Judge Hake stated in his order.
Regarding the discrepancy between the post-mortem report and the prosecution’s claim about the bamboo stick, Judge Hake noted that the deceased had sustained 32 ante-mortem injuries, including multiple lacerations on the head.
“Post Mortem notes show that deceased sustained as much as 32 Ante mortem injuries. Deceased sustained multiple lacerations on his head. As per prosecution case, accused/applicant assaulted deceased by bamboo on his head. Thus, prima facie, it cannot be construed that accused/applicant has no role in the alleged offence,” Judge Hake stated.
The court also considered the severity of the offense and the alleged motive.
“Alleged offence is serious. There is direct evidence on record to show involvement of accused/applicant in alleged offence. Post Mortem notes show that deceased was brutally murdered. As per prosecution case, prior to three days of incident, deceased abused sister of accused/applicant and on that count accused/applicant along with other accused committed murder of deceased when deceased was sleeping. Alleged offence appears to be premediated. Considering the nature of offence and specific allegations made against accused/applicant, he is not entitled to be released on bail,” Judge Hake stated.
Consequently, the court rejected the bail application of Vishal Girish Kakade @ Danny.
Implications and Significance:
This ruling highlights the court’s reliance on eyewitness testimony and the severity of the offense in bail matters, particularly in cases involving brutal murders. The decision underscores that even if the initial FIR does not name the accused, subsequent evidence, such as eyewitness accounts, can be crucial in denying bail.
The court’s consideration of the alleged motive and the premeditated nature of the crime also reflects a strict approach, ensuring that individuals accused of serious offenses are not released on bail if there is a risk to society.
The order was dated October 18, 2022, and signed and uploaded on October 20, 2022, at 1:30 p.m.