Ankush S/O Dilip Ade v. State Of Mah.Thro P.S.O. Ghatgi Dist. Yavatmal.

1 / 2 LD-VC-BA-203.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR LD-VC-BA NO. 203 OF 2020 Ankush S/o. Dilip Ade vs.

State of Maharashtra, through PSO Ghatanji, Dist. Yavatmal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memorandum of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. S. A. Chaudhari, counsel for applicant. Smt. M. H. Deshmukh APP for non-applicant State. CORAM : MANISH PITALE J.

DATED : 12/06/2020 Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

The applicant herein is seeking bail as he stood arrested in connection with an F.I.R. dated 09/08/2019 registered against him and another accused person under Section 302 r/w 34 of the I.P.C. 3.

The applicant was arrested on the same day.

A perusal of the F.I.R., charge-sheet and other connected papers placed on record shows that according to the prosecution the applicant had brutally assaulted the victim on his head by means of a rod.

4.

The allegation is that the applicant was having an affair with the wife of the deceased i.e. the co-

2 / 2 LD-VC-BA-203.2020 accused and that he had assaulted the deceased causing multiple injuries on his head leading to his death. There are statements of witnesses indicating the involvement of the applicant. The postmortem report shows the multiple injuries on the head, indicating the brutal manner in which the assault was allegedly carried out by the applicant. It is also undisputed that the rod with which the assault was allegedly made was recovered on the behest of the applicant and that he had a major role to play in the offence.

5.

Considering the fact that there is possibility of the applicant influencing witnesses, particularly the daughter of the deceased, if released on bail, this Court is of the opinion that the present application does not deserve to be granted. Accordingly, the application is dismissed.

6.

This order be communicated to the counsel appearing for the parties, either on the email address or on WhatsApp or by such other mode, as is permissible in law.

JUDGE KOLHE/P.A.