Radhakrishna Mundrika Kushwaha v. State Of Maharashtra
2024:BHC-AS:9010
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2911 OF 2023 RADHAKRISHNA MUNDRIKA KUSHWAHA ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT Mr.Hitesh Jain a/w Mr.Dhiraj Tiwari and Mr.Rajat P. Shukla, for Applicant.
Mr.B.B. Kulkarni, APP for the State.
CORAM : M. S. KARNIK, J.
DATE : FEBRUARY 26, 2024 P.C. :
1.
Heard learned counsel for the applicant and learned APP for the State.
2.
This is the second bail application. By an order dated 28/02/2023, the first bail application i.e. Bail Application No. 2356 of 2022 was allowed to be withdrawn with liberty to apply after 6 months if the trial does not progress substantially. I am informed that the charge was framed as far back as on 28/07/2023, but there has been no progress in the trial since then.
3.
This is an application for bail in respect of the offence punishable under sections 302, 201 read with 120B of the Indian Penal Code, 1860 and under sections 3, 25, 27 of the 1/4
Arms Act along with under section 37(1), 135 of the Maharashtra Police Act registered on 12/10/2018 vide C.R. No.63 of 2018 with Dadar police station, DCB, CID Unit (OPS).
4.
The applicant is the accused no.1. The applicant was arrested on 15/10/2018.
5.
The application is opposed by learned APP. It is submitted that the accusations are serious and there are materials against the applicant indicating that it is the applicant no.1 who had instructed the accused no.2 to eliminate the deceased. It is alleged that the accused no.2 in turn had asked the accused no.3 to execute the job of eliminating the deceased. The allegation is that the applicant-accused no.1 was having an affair with the wife of the deceased. The applicant is now in custody for more than 5 years and 4 months since the date of his arrest on 15/10/2018. The prosecution proposes to examine as many as 53 witnesses. Learned APP submitted that it is not that all the witnesses will be examined and the number may be lessor. In any case, it is apparent that the trial is not likely to conclude soon. Considering the length of incarceration of 2/4
the applicant, further as there is no possibility of trial concluding any time soon and as there are no criminal antecedents reported against the applicant, I am inclined to grant the facility of bail to the applicant by imposing conditions. The investigation is complete. The charge-sheet has been filed. Hence, the following order :-
O R D E R
(a) The application is allowed.
(b) The applicant- Radhakrishna Mundrika Kushwaha in connection with C.R. No.63 of 2018 registered with Dadar police station, DCB, CID, Unit (OPS) shall be released on bail on his furnishing P.R. Bond of Rs.50,000/- with one or more local sureties in the like amount.
(c) The applicant shall attend the investigating ofÏcer of Dadar police station, DCB, CID, Unit (OPS) once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.
(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police OfÏcer. The applicant shall not tamper with evidence.
3/4
(e) On being released on bail, the applicant shall furnish his contact number and residential address to the investigating ofÏcer and shall keep him updated, in case there is any change.
(f) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.
(g) The applicant shall not leave India without permission of the trial Court.
(h) In the event, the applicant has passport, the same shall be deposited with the Trial Court. If he does not possess any passport, he shall file an afÏdavit in that regard before the Trial Court.
6.
The application is disposed of.
(M. S. KARNIK, J.) 4/4 Signed by: Urmila P. Ingale Designation: PS To Honourable Judge Date: 26/02/2024 16:46:10