Akash Govind Gawade And ORS. v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4817 OF 2024
1. Akash Govind Gawade
2. Vicky Premsingh Gill
3. Erappa Yamanapa Dhotre ...Applicants
VERSUS
The State of Maharashtra
...Respondent
....
Mr. Piyush Toshniwal a/w Mr. Harshal Patil i/b Mr. Piyush Toshniwal , Advocate for the Applicants.
Mr. C. D. Mali, A.P.P. for the Respondent - State. ....
CORAM
:
N. R. BORKAR, J.
DATE :
14.02.2025.
P.C.
:
1.
This is an application for regular bail.
2.
The applicants came to be arrested in Crime No. 77 of 2024 registered at Shriwardhan Police Station, DistRaigad, for the offences punishable under Sections 103(1), 115(2), 351(3) & 3(5) of the Bhartiya Nyaya Sanhita.. 3.
The applicants are resident of Pune. On the day of incident, which took place on 20.10.2024, they had gone to Harihareshwar for pleasure trip. They were looking for place to stay and contacted the complainant, who was running a home-stay there. It is alleged that altercation took place between the complainant on one side and the applicants and other co-accused on other side on account of tariff and during the said altercation one of the coaccused had slapped the complainant. It is alleged that
he thus called the people residing in his neighbourhood. It is alleged that when they came there, the applicant Nos.1 & 2 and other co-accused succeeded in running away from there in the vehicle in which they came however, applicant No.3 could not run away and was apprehended. It is alleged that they made the applicant No.3 to call the other co-accused including applicant Nos.1 & 2. It is alleged that when present applicant Nos.1 & 2 and other co-accused came there, again altercation took place between them and during the said altercation it is alleged that the applicants and other co-accused made the driver of the vehicle who is also one of the co-accused in the present crime to drove the vehicle on the people who were gathered there. It is alleged that he did so and killed the sister of the complainant.
4.
I have heard the learned counsel for the Applicants and the learned A.P.P. for the Respondent-State. 5.
The learned counsel for the Applicants submit that there is nothing to show that the present applicants instigated the driver of the vehicle to kill the people, who were gathered at the place of incident. It is submitted that the investigation is over and charge-sheet has already been filed and hence, further detention of the present applicants is not required.
6.
On the other hand, the learned APP for the respondent/State submits that considering the nature of crime the applicants may not be released on bail. 7.
During the course of investigation, the prosecution has collected the CCTV footage of the place of incident.
I have perused the transcript of CCTV Footage. From the said transcript prima-facie it is difficult to infer that the intent of the present applicants and other co-accused was to kill the deceased.
8.
In that view of the matter, I am inclined to release the applicants on bail. In the result, the following order is passed:
O R D E R
A] The Application is allowed.
B] The applicants be released on bail in Crime No. 77 of 2024 registered at Shriwardhan Police Station, Dist-Raigad, for the offences punishable under Sections 103(1), 115(2), 351(3) & 3(5) of the Bhartiya Nyaya Sanhita. on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with one or two sureties in the like amount.
C] The applicants shall attend the concerned police station once in a month, i.e., on first Saturday between 11:00 am to 2:00 pm, till conclusion of the trial.
7.
Application stands disposed of accordingly.
(N. R. BORKAR, J.)