Rakesh Alias Shendi S/O Shalikram Pandey v. State Of Mah. Thorugh P.S.O., Ps. Ajani, Nagpur

ba.251.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [BA] No.251 of 2018 Rakesh @ Shendi s/o Shalikram Pandey vs.

State of Maharashtra, through P.S.O. Ajani, Nagpur =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri M.A. Gadge, Advocate for the Applicant.

Shri V.P. Gangane, A.P.P. for the Non-Applicant/State.

CORAM

: S.B. SHUKRE, J.

DATE : 24 th APRIL, 2018.

Heard.

Perused the reply of the prosecution and the case diary.

Upon consideration of the entire evidence available on record, I am of the considered opinion that this applicant's situation cannot be equated with that of the co-accused Vaibhav, who was granted bail by this Court on 31/03/2017 in Criminal Application [BA] No.199/2017. The reason being that there is prima facie evidence of this applicant having been lastly seen in the house of the deceased on the date of the incident and that there are records of the mobile company, which indicate that this applicant at the relevant time and on the date of the incident was present near the house of the deceased. The co-

ba.251.18 2/2 accused of this applicant viz. Pankaj Bholaram Tiwari has not been granted bail by this Court.

Considering the nature of prima facie case made out against the co-accused by the prosecution, same treatment would have to be given to the applicant as well. Therefore, I am of the view that this is not a fit case for grant of bail.

The application stands rejected.

JUDGE *sandesh