The central legal point established in the judgment is the requirement for conclusive evidence and the importance of considering the accused's antecedents in bail decisions.

JUDGMENT

1. The Applicants are apprehending arrest in Crime No. I0031/2022 registered with Srivardhan Police Station under Sec. 307, 323, 504, 506 read with 34 of the Indian Penal Code, 1860 ("IPC" for short).

2. The incident is of 26/4/2022. The FIR is lodged by one Sujata - complainant who is the mother of injured Rupesh. It is alleged in the FIR that on 24/4/2022 at around 08.00 p.m. her son Rupesh visited the market near her house for purchasing eggs; that she was alerted by her granddaughter about her father Rupesh being assaulted and having gone to the police station and asked her to visit the police station; she visited the police station and saw the injured Rupesh. It is further alleged that Rupesh informed her that while he was returning from the market sitting pillion on the motorcycle of Prashant Shetye, the Applicant No. 1 caught hold of his shirt from behind and pushed him to the ground; thereafter the Applicant No. 1 assaulted him with kicks and fist blows threatening him for his life as he was to depose as a witness in the court against the Applicant No. 1 in an offence registered under Sec. 307 IPC; that when this skirmish took place, Prashant Shetye and those other present at the incident spot separated both of them; that thereafter Applicant No. 1 made a phone call pursuant to which the Applicant Nos. 2 and 3 arrived at the incident spot; that the Applicant No.1 threatened Prashant Shetye and did not allow Rupesh to ride pillion on his motorcycle and warned Prashant Shetye from giving him a ride; that thereafter Rupesh walked away from the incident spot and as he was walking on the road near the Panchayat Samiti office, at that time the Applicants arrived and started beating Rupesh with a fighter (weapon) on his face, head and chest. The Applicant No. 3 also beat up Rupesh with fist; at that time the Applicant No. 1 lifted a stone lying nearby and uttered that he shall finish the programme of Rupesh but at that time others present at the second incident spot namely Amar Kadam, Prashant Shetye and many others stopped Applicant No. 1 and the stone was thrown away; that thereafter Rupesh was taken to the Police Station by Amar Kadam on his motorcycle for lodging the complaint but looking at his injuries he was referred to the Sub-district Hospital Shrivardhan; from there Rupesh was taken to Civil Hospital, Alibaug for further treatment and thereafter taken / referred for treatment to KEM Hospital where he was admitted for two days. The above report has been lodged by Rupesh's mother Sujata i.e. the first informant against the Applicants.

3. Mr. Yadav, learned APP appearing for the State has stated that there is a cross-complaint filed by the Applicant No. 1 against Rupesh and 12 other persons along with medical certificate of the Applicant No. 1 dtd. 2/5/2022. The cross-complaint filed by the Applicant No. 1 is dtd. 25/4/2022 (19:45 Hrs) under Ss. 323, 327, 143, 147, 504 and 506 IPC. The FIR in the present case is lodged on 26/4/2022 at 20.01 hours. Incidentally in the cross-complaint it is stated that Rupesh had also made a phone call after the first incident / altercation at the first incident spot and at that time Roshan Suresh Borkar, Prasad Chandrakant Borkar, Omkar Ramakant Borkar, Suyog Suresh Salunkhe, Subodh Suresh Salunkhe, Ruperi Rupesh Mayekar, Roshani Roshan Borkar, Dakshata Prakash Borkar, Sujata Shantaram Mayekar, Ranjita Ramakant Borkar had arrived; that there was a skirmish and abusing between those present and Rupesh is accused of stealing a gold chain of the Applicant No. 1 and one Pranil Chandrakant Borkar is accused of stealing Rs.6000.00 from the Applicant No. 1.

4. Mr. Sejpal, learned counsel appearing for the Applicants submits that no offence is made out for attracting the provisions of Sec. 307 in the present case; that due to the enmity and acrimony that had arisen because Rupesh was going to depose as a witness against the Applicant No. 1, the skirmish and the two incidents on the firs