Dadya @ Krishna Ashok Wagh v. State Of Maharashtra

43 BA-1607-22.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BHARAT DASHARATH PANDIT by BHARAT DASHARATH PANDIT Date: 2022.09.30 13:31:52 +0530 BAIL APPLICATION NO. 1607 OF 2022 Dadya @ Krishna Ashok Wagh ..... Applicant.

V/s The State of Maharashtra .... Respondent.

Mr. Vaibhav D. Kadam a/w Sameer Parkar for the Applicant. Mr. N.B. Patil, APP for the Respondent/State. CORAM: NITIN W. SAMBRE, J.

DATE: SEPTEMBER 28, 2022 P.C.:- 1] Heard.

2] Applicant is seeking regular bail in Crime No. I-116/2018 registered with Yeola City Police Station, Niphad for the offence punishable under Section 302 and 504 of the Indian Penal Code. 3] Applicant lost his niece and was suspicious about practice of blackmagic by the deceased Indubai. When Indubai visited place of the Applicant, Applicant assaulted her with an Axe, resulting into her death.

4] Submissions are, Applicant is a young boy and it is under suspicion developed about Indubai, had only intention to assault and not to kill her. It is claimed that Forensic Laboratory Report about 1/2

43 BA-1607-22.doc weapon used is inconclusive. As such, Applicant deserves to be released on bail.

5] Learned APP opposed the prayer.

6] Apart from three eye witnesses to the incident who have directly implicated the Applicant for having committed cold blooded murder, there is other evidence on record in the form of statements of witnesses about motive of the Applicant and his involvement in the crime. The blood-stained clothes recovered from the Applicant connect him to the crime in question. No case therefore for bail is made out. Application for bail stands rejected.

7] Application is disposed of.

( NITIN W. SAMBRE, J. ) 2/2