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HIGH COURT OF BOMBAY
TEJAS NANDKUMAR AWALE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent
BA 1159/2022
BA-1159-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 1159 OF 2022
Tejas Nandkumar Awale
...Applicant
Versus
State Of Maharashtra
...Respondent
WITH
INTERIM APPLICATION NO. 3522 OF 2022
IN
CRIMINAL BAIL APPLICATION NO. 1159 OF 2022
Miss. Dipali Rajendra Shivdas
...Applicant
IN THE MATTER BETWEEN :
Tejas Nandkumar Awale
...Applicant
Versus
State Of Maharashtra
...Respondent
WITH
CRIMINAL BAIL APPLICATION NO. 748 OF 2022
Sangram Babu Ranpise
...Applicant
Versus
State Of Maharashtra
...Respondent
WITH
INTERIM APPLICATION NO. 3523 OF 2022
IN
CRIMINAL BAIL APPLICATION NO. 748 OF 2022
Miss. Dipali Rajendra Shivdas
...Applicant
IN THE MATTER BETWEEN :
Sangram Babu Ranpise
...Applicant
Versus
State Of Maharashtra
...Respondent
....
Mr. Meghdeep Oak a/w Mr. D. Bose, Advocate for the Applicant in
both Bail Applications.
Mr. Shailesh Chavan, Advocate for the Applicant in both Interim
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KAWRE
KIRAN
KALYAN
Digitally
signed by
KAWRE KIRAN
KALYAN
Date:
2022.12.23
12:23:11
+0530
BA-1159-2022.doc
Applications.
Mr. A. A. Palkar, APP for the Respondent – State.
CORAM
:
PRAKASH D. NAIK, J.
RESERVED ON
:
17th OCTOBER, 2022
PRONOUNCED ON :
23rd DECEMBER, 2022
PC
:
1.
The applicants are arrested on 6th April, 2021 in C. R. No.286
of 2021 registered with Satara City Police Station, for offences
punishable under Section 302, 201 read with 34 of the Indian Penal
Code, 1860.
2.
The prosecution case is as under:-
i.
The first informant is the mother of deceased. On 5th April,
2021, the first informants son Akash did not return home. At about
10.00 p.m. she gave phone call to him. He told her that he would
return in five minutes. The first informant again gave call to Akash
at about 10.30 p.m. The phone was picked up by one Sangram
Ranpise and he told her that, he would leave Akash in five minutes.
At about 11.45 p.m. first informants daughter Deepali gave a call to
Akash and he told her that he would return within five minutes and
switched off the phone. Akash did not return home. On the next
day morning attempts were made to call him but his phone was
found switched off. The first informant and her husband went to
their shop at Shahu Market. They heard the conversation that half
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BA-1159-2022.doc
burnt body of some person is found behind the Shahu Market. They
could not trace Akash. Subsequently they came to know that
motorcycle of Akash is lying at Shahu Market. During search they
found half burnt body of Akash. They also noticed blood stained
cement stone at the place where the body was found. The articles
found at the place of incident were belonging to Akash. First
Information Report was registered on 6th April, 2021. Investigation
proceeded. Accused were arrested. Charge-sheet was filed.
3.
The applicant in Bail Application No.1159 of 2022 (Tejas
Awale) preferred an application for bail before the Court of
Sessions. The application was rejected by order dated 7th March,
2022.
4.
The applicant in Bail Application No.748 of 2022 (Sangram
Ranpise) preferred an application for bail before the Court of
Sessions and the said application was rejected vide order dated 29th
October, 2021.
5.
The grounds for bail urged on behalf of the applicant in Bail
Application No.1159 of 2022 are as follows:-
i.
There is no evidence to show involvement of applicant in the
crime. The applicant has been arrested on suspicion.
ii.
The only circumstance alleged against the applicant is about
the tower location of the applicant near the spot of the incident.
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BA-1159-2022.doc
This cannot be considered as strong circumstance against the
applicant since the applicant stays in the vicinity of the alleged
tower location.
iii.
At the most role attributed to the applicant is of destroying
the evidence and commis
