Raj Gopal Mudholkar v. The State Of Maharashtra, Thr. Pso Ps Frezarpura, Dist. Amravati

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 504 OF 2022 (Raj Gopal Mudholkar .Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court' s or Judge'

s order and Registrar'

s orders.

Ms. G Dive, Advocate for the Applicant.

Shri. N. R. Rode, APP for Non-Applicant/State. CORAM : AVINASH G.

GHAROTE, J.

ATE : 31 st MAY, 2022.

.

Heard Ms. G. Dive, learned Counsel for Applicant and Shri. N. R. Rode, learned Assistant Public Prosecutor for Non-Applicant/State.

2.

The Applicant is arraigned for the offence punishable under Sections 302, 143, 147, 148, 149, 294, 323 and 506 of the Indian Penal Code, 1860, in Crime No.1406 of 2021. The Applicant has been arrested on 06.07.2021 and he is behind the bar since July, 2021. The learned Counsel for Applicant submits, that the Applicant has been falsely implicated and all other co-accused have already been released on bail, considering which, the Applicant is also entitled to bail. She further submits, that in case, the Court is not inclined, the Applicant be released on temporary bail for a period of a week, as marriage of the sister of the Applicant is slated to be held on 06.06.2022, for which, the Applicant is willing to bear the charges of Police Escort.

3.

Learned APP vehemently opposed the application and submits, that the Applicant is directly involved in the offence and has been instrumental in causing death of Ritik Nilkanth Belekar, and therefore, though the charge-sheet has been filed, considering the role played by the Applicant and the earlier enmity, the application be rejected.

4.

A Perusal of the charge-sheet indicates, that the Applicant is a person, who has been instrumental in causing in death of the deceased Ritik Nilkanth Belekar by stabbing over his chest by a knife. The post-mortem report also supports this position. Not only this, there is an eye witness namely Rohan Nilkanth Belekar, who has actually seen the Applicant assaulting the deceased by a knife. There is also recovery of a weapon from the Applicant. There is also an earlier enmity, which is said to have resulted in the demise of Ritik Belekar, considering which, I am not inclined to entertain the application on merits and the same is accordingly dismissed.

5.

In so far as the request for temporary bail for the purpose of marriage of the sister of the Applicant, the wedding card which is Annexure-E to the application at Page-31 substantiates this position and since the learned APP does not have any serious objection for release of the Applicant for the aforesaid purpose, I deem it appropriate to direct to release the Applicant on temporary bail for the duration from 04.06.2022 to

08.06.2022 on his furnishing P. R. Bond of Rs.1,00,000/- with two solvent sureties and on his depositing the expenses for two Police Escorts, who will be accompanying him for entire duration and on the condition that he shall not indulge into tampering with the evidence or influencing the witnesses or engaging in any criminal activity whatsoever during the aforesaid period of temporary bail. It is made clear that the applicant, shall surrender to the prison authorities positively by 08.06.2022 without fail.

JUDGE Tambe ASHISH ASHOKRAO TAMBE ASHISH ASHOKRAO TAMBE Date: 2022.05.31 14:52:24 +0530