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Bablu @ Prashant S/O. Shrikant @ … vs The State Of Maharashtra And Anr on 17 February, 2020

41 ba 62 2020.odt



Bablu @ Prashant s/o Shrikant @ Pintu Shinde,
Age 20 years, Occupation Education and Labour,
R/o. Pardhi Pede, Tq. Washi, Dist. Osmanabad. … Applicant


1) The State of Maharashtra,
Through Police Station, Washi,
Tq. Washi, Dist. Osmanabad.

2) The District Superintendent of
Police, Osmanabad. … Respondents.

Advocate for the applicant : Mr. Tekale Nikhil S.
APP for the Respondents/State : Mr. V.S. Badakh.


DATE : 17/02/2020


The applicant who is step son of the deceased is being
charged along with her husband and in laws for having committed her
murder. He is now seeking bail after filing of the charge-sheet in
Crime No. 186/2019, registered with Washi Police Station, District
Osmanabad, for the offences punishable under Section 302, 498A, read
with Section 34 of the Indian Penal Code.

2. The learned advocate for the applicant submits that the
applicant is being implicated on mere suspicion. His grand father and
grand mother as well as his biological mother have been granted

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41 ba 62 2020.odt
regular bail. The only circumstance on the basis of which he is being
implicated is about the allegation of the informant who happens to be
the sister of the deceased about having seen the applicant, his father
and the deceased proceeding on a motor-cycle in the afternoon hours
of the day in the evening of which she was found dead. He would
submit that suspicion howsoever strong cannot take the place of proof.
All the allegations are attributed against the applicant’s father. There
are no criminal antecedents. There is no other incriminating material
against him. Therefore he may be granted bail on merit as well as on
the ground of parity.

3. The learned A.P.P. opposes the application. He submits that
the offence is serious. There was a strong reason for the father of the
applicant to see the deceased dead. There are circumstances showing
that he was persistently disclosing his intention to kill her. On the date
of the incident the applicant had accompanied his father and the
deceased on a motor-cycle and in the same evening she was found
dead. It is a matter of ‘last seen together’. The offence is punishable up
to death. The learned APP further submits that the case of the other
accused who have been granted bail does not stand on the same
footing. The application may be rejected.

4. I have carefully gone through the papers. There are serious
allegations and even corroborating material showing that the father of
the applicant was intending to kill the deceased and had disclosed his
such intention not only to the informant but few other witnesses as
well. However, so far as the applicant is concerned, who happens to
be the step son of the deceased, except the statement of the informant
about having seen him in the accompany of the deceased and his
father in the afternoon, there is no other material to indicate his direct

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41 ba 62 2020.odt
involvement in commission of the crime. Nothing has been recovered
from him, neither has he discovered anything. There is also a
difference of few hours between the time he was seen last in the
company of the deceased and the time of discovery of the dead body.

5. Considering the aforementioned facts and circumstances, the
applicant deserves to be released on bail more so when the co-accused
have also been granted bail.

6. The application is allowed.

7. The applicant shall be released on bail on his executing
personal recognizance for an amount of Rs. 15,000/- and furnishing a
solvent surety in the like amount, subject to the condition that he shall
not tamper the evidence or influence the witnesses.

8. Bail before the Trial Court.




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