Allowed

Vilas Nana Rasal v. the State of Maharashtra

Bombay HC28 Oct 2021BA/355/2021

Case brief

AI extract

What is this about?

High Court Criminal Appeal Bench allowed bail to an application in a murder case. The court noted the applicant accompanied the main accused but no overt act or incriminating evidence was found on his possession.

What did the court decide?

Applicant released on bail in Cr. No. 295 of 2019 on bond of Rs. 25,000 with one or two sureties in like amount, subject to non-inducement conditions.

Vilas Nana Rasal Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2021)

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51-BA-355-2021.DOC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO. 355 OF 2021

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Vilas Nana Rasal...Applicant

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Versus

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The State of Maharashtra...Respondent

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Mr.Shailesh Kharat for the Applicant.
Mrs. P.P.Shinde, APP for the Respondent -State.
Mr. Nikhil Maqaium, PSI, Rajgad Police Station, Pune.

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 CORAM :V.G.BISHT, J.
RESERVED ON :25th OCTOBER, 2021
PRONOUNCED ON :28th OCTOBER, 2021

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PC:-

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1. The present application has been moved by the

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applicant under Section 439 of the Code of Criminal
Procedure in Crime No. 295 of 2019 registered with Rajgad
Police Station, Pune for offence punishable under Sections
302 read with 34 of the Indian Penal Code (the IPC).

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2. It is the case of the prosecution that Avinash Shantaram

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Lekawale (since deceased), son of informant, used to work as

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51-BA-355-2021.DOC

a watchman at Gunjawani Dam and go to work by his
motorcycle having registration No. MH-12 DF 2775. On 28th
August, 2019, the deceased had left for work as usual at
around 9.30 p.m. on his motorcycle. However, he was found
lying dead near a well. Some unknown persons had assaulted
on his head with sharp weapon and killed him. The
postmortem report revealed that the cause of death was
cardiorispirator arrest due to head injury and multiple
injuries.

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3.During the course of investigation, it revealed that
accused No.1, namely, Bhagwan Garud and the deceased were
working as watchmen at same Dam. The deceased and other
watchmen had united against the accused and, therefore, the
said accused was not happy with the said situation and thus
killed the deceased by sharp weapon. It is further alleged
that, at the relevant time, the Applicant herein was
accompanying with the main accused.

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51-BA-355-2021.DOC

4.Mr. Kharat, learned Counsel for the Applicant, submits
that except the fact that on the day of incident, the Applicant
was accompanying with the main accused, there is nothing
incriminating against him. Even his clothes seized under
Section 27 of the Indian Evidence Act were sent to Forensic
Science Laboratory but nothing incriminating was found on
the clothes of the Applicant. The Applicant is in jail since 31st
August, 2019. There are no criminal antecedents against the
Applicant. Therefore, he be released on bail on any terms
and conditions as this Court deems fit and proper, urged
learned Counsel.

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5.Mrs. Shinde, learned APP, on the other hand, fairly
submits that except disclosure statement given by the
Applicant under Section 27 of the Evidence Act, there is
nothing incriminating against him and, therefore, in such
circumstances, an appropriate order may be passed.

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51-BA-355-2021.DOC

6.I have perused the investigation papers including
disclosure statement of the Applicant recorded under Section
27 of the Evidence Act. Accused Bhagwan Garud is the main
culprit, who allegedly had assaulted the deceased with koyta
and caused his death. The only role attributed to the present
Applicant is that on the day of incident, he was accompanying
with the main accused. Except that no overt act is attributed
on his part.

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7. The Applicant’s clothes were seized during the course

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of investigation at his instance. During the course of
argument, learned APP filed CA report on record which clearly
shows that no blood stains were detected on the clothes of the
Applicant.

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8. Thus, having regard to the material on record, I do find

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merits in the submission advanced by learned Counsel for the
Applicant and I am of the considered opinion that no useful
purpose will be served by allowing the Applicant to languish

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51-BA-355-2021.DOC

in jail. This being so, I am inclined to allow the application.
Hence, the following order :

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ORDER

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(i)Applicant- Vilas Nana Rasal shall be released

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on bail in C.R. No. 295 of 2019 registered with
Rajgad Police Station, Pune on his executing P.R.
Bond in the sum of Rs. 25,000/- with one or two
sureties in like amount.

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(ii)The applicant shall not directly or indirectly

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make any inducement, threat or promise to any
person acquainted with facts of case and shall not

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tamper with prosecution evidence.

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(iii)Parties to act on copy of this order duly
authenticated by the Sheristedar of this Court.

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(iv) The application is allowed in the aforesaid

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terms.

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 (V.G.BISHT, J. )

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Digitally signed by TRUPTI TRUPTI SADANAND SADANAND BAMNE BAMNE Date: 2021.10.28 17:28:30 +0530

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Trupti

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Vilas Nana Rasal v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vilas Nana Rasal v. the State of Maharashtra

Case brief

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