20.ba.1140.24.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (BA) NO.1140 OF 2024 (Mayur s/o Satyaprakash Giri Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. Inamul Haque, Advocate for the applicant. Ms Swati Kolhe, APP for the State. CORAM:- URMILA JOSHI-PHALKE, J. DATED :- MARCH 24, 2025. By this application, the applicant is seeking bail as he came to be arrested on 08/07/2022 in connection with Crime No.509/2022 registered with Police Station Ram Nagar, Wardha, District Wardha for the offences punishable under Sections 143, 144, 148, 201, 302 and 323 read with Section 149 of the Indian Penal Code. 2. The crime is registered on the basis of report lodged by the informant Nayan Manoj Bhabat on an allegation that on 05/06/2022 at around 12.00 AM, the applicant and other co-accused had gathered at Kho-Kho ground near old RTO along with Amol Tamgadge. It is further alleged that the deceased along with his friends was also there to celebrate the birthday of one Amol. At around 12.20 AM when they were celebrating the birthday, one Akshay Sontakke resisted them to putting the cake on him and left ground and went to the corner 20.ba.1140.24.odt 2 outside the Kho-Kho ground. During that period, few boys from Tukdoji ground came on three motorbikes and when going towards Bachlor Road they were having also one black color moped and one motorcycle with them. They gave a twist to the vehicle of the Akshay Sontakke and on asking by him, they assaulted him and in the said assault the death of the deceased occurred. On the basis of the said report, police have registered the crime against the present applicant. 3. Learned Counsel for the applicant submitted that as far as the involvement of the present applicant in the alleged incident is concerned itself is doubtful. There is no direct or circumstantial evidence against him to connect him with the alleged offence. He further submitted that apart from the merits also, the applicant is arrested on 08/07/2022 and there is no progress in the trial. Thus, there is a delay in trial, and therefore, the right of the present applicant as to the speedy trial is affected. In view of that, he be released on bail. In support of his contention he placed reliance on the decision of Akshay Vs. State of Maharashtra in SLP (Criminal) No.12487/2024 decided on 27/09/2024 wherein the Hon’ble Apex Court considering the incarceration for a period of 2 years and 2 months released the accused therein on bail. 4. Learned APP strongly opposed the application and submitted that as far as the involvement of the 20.ba.1140.24.odt 3 present applicant is concerned, there is direct evidence to connect him with the alleged offence and considering the nature of the offence that the death of the deceased is due to the “haemorrhage and shock due to haemoperitoneum due to stab injury to the abdomen” and the role attributed to the present applicant that he assaulted the deceased by means of knife. She further submitted that as far as the delay is concerned the charges are already framed and the trial was not commenced and CA reports were not there and muddemal articles were not deposited. Now, on 07/12/2024 itself the muddemal articles have been deposited. CA reports are also filed, and therefore, trial can be commenced at any stage. In view of that, the application deserves to be rejected. 5. I have heard learned Counsel for both the sides. Perused the investigation papers from which it reveals that the deceased along with his friends was celebrating the birthday of one of his friend, at that time present applicant and other co-accused came there. They gave cut by the vehicle to the deceased, and therefore, there was altercation of the words and on that count deceased was assaulted by the present applicant and the other co-accused. As far as the present applicant is concerned specific allegation is levelled against him that he has assaulted by means of knife on the person of the deceased and the deceased has sustained as many as five injuries which are in the nature of stab injuries. During 20.ba.1140.24.odt 4 investigation, the knife was also recovered from the present applicant on the basis of his memorandum statement. Thus, as far as his involvement is concerned direct evidence is there. Coming to the aspect of delay in trial, the applicant is arrested on 08/07/2022. Since, last two years he is behind bar. Now, the muddemal articles are already produced before the Court and CA reports are already filed. The report of the District Judge shows that the trial can be disposed of within a period of six months. Considering the same, the application deserves to be rejected. 6. Hence, the application is rejected accordingly. (URMILA JOSHI-PHALKE, J.) *Divya